The Imperial Ottoman Penal Code

/

TIIE IMPERIAL

OTTOMAN PENAL CODE.

THE IMPERIAL

OTTOMAN PENAL CODE

A TRANSLATION

FBOH

THE TURKISH TEXT

with latest additions and amendments together with annotations

and explanatory commentaries upon the text akd containing

an appendix dealing with the special amendments

in force in Cyprus and the judicial decisions

of the Cyprus Courts,

BY

JOHN A. STRACHEY BUCKNILL, K.C., M.A. OXON

*/ the Inner Temple, £amater-at-Law>; Attorney General of Ifona Kong- Kino's Adioeate of

Cyprus ( 1907-1919) ; Advocate of the Suprttru Court of CypfUrt; sometime one of the heqal

Advisers to the Transvaal Government and an Advocate of the Supreme Court of

the Transvaal

AND

HAIG APISOGHOM S. UTIDJIAN

of the Cyprus Civil Service ; Translator of State Doettmenti and Chief Turkish Translator for the Government,

and Turkish Translator to the Legislative ConnetU of Cyprus; Kni/lnh Translator to the Ottoman

Admiralty, Turkish Professor of the Student Dragoman* Establishment under Her fata

Britannic majesty's Embassy, Constantinople I itffi-WtS) ; rouit'.i Class Ost/wmeh

and Mejidieh Orders

f

Published by HUMPHREY MILKORB,

OXFORD UNIVKRSITY PRESS, AMEN CORNER, LONDON, B.C.

Printed by permission by "W. J. ARCHER,

SUPT. OP TUP. GOVERNMENT PRINTING OFFICE, NICOSIA, CYI'ItUrt,

1913.

PREFATORY NOTE.

The inherent difficulties in the preparation of this volume
were increased by the absence in Cyprus of any really satis-
factory library of works of reference. The authors have
however endeavoured to make the best use of such material
as was at their disposal.

Mr. Utidjian is responsible for the accuracy of the transla-
tion from the Turkish Text; Mr. Bucknill for that of the
remainder of this work.

BIBLIOGRAPHY.

Lbs trefte-six Codes des Frajtcais. — (Barbou Frorcs, Limoges, 1843.)
French.

OeOMANIKOI KQAIKE2.—By Demetrios Nicolaides. ("Seven Hills"
Printing Office, Constantinople, 1869.) Greek.

The Hbdaya or Guide. — A commentary on the Mussulman Laws.
Translated by Charles Hamilton. (London, Wm. H. Allen & Co.,
2nd Ed., 1870.) English.

Destur, Vol. 1. — (Constantinople, Imperial Printing Office, 1281) 1873.)
Turkish.

Destur, Vox.. 2. — (Constantinople, Imperial Printing Office, 1289 -1873.)
Turkish.

Legislation Ottomans. -Compiled by Aristarchi Bey (Gregoire). (Con-
stantinople, Nicolaides Freres, 1873.) French.

Destur, Vol. 3.— (1293^1877.) Turkish.

Destur, Vol. 4. — (Stamboul. Printed at the Printing Office of Mahmud
Bey by permission of the Ministry of Public Instruction, 1299^1883.)
Turkish.

Zeyl-i-Destur, No. 1 (no date.) Turkish.

Zeyl-i-Destur, No. 2. — (Stamboul, Mahmud Bey's Printing Office,
1299—1883.) Turkish.

Zeyl-i-Destur, No. 3. — Edited by the Committee of the Council of State.
(Constantinople, Imperial Printing Office, no date.) Turkish.

The Standard op Justice. — By Eomer Hilmi, member of the Mejelle
Committee. (Constantinople, Haji Muharrem Effendi, 1885.) Turkish.

Zeyl-i-Destur, No. 4. — Edited as No. 3. (Constantinople, Osraanieh
Printing Office, 1302 — 1886.) Turkish.

Dictionnaire de Poche. — Ottoman-Francais. (Impriracrie, K. Bag-
dadlian, Constantinople, 1887.)

The Ottoman Penal Code. — Translated from the Frmcfi text by C. G.
Walpole, M.A., President of the District Court of Larnaca, Cyprus.
(London, William Clowes & Sons, Ltd., 1888.) Enyliah.

A Dictionary ok Law. — By Hussein Ghalib, Licentiate of the Imperial

Law School of Constantinople. (Constantinople, Jemal Effendi, 1889.)
Turkish.

06OMANIK01 KS1AIKEE.— By Dometrios Nicolaides, 2nd Edition. (Con-
stantinople, Nicolaides Bros., 1890.) Greek.

A Turkish and English Lexicon.— By Sir James Redhouse, K.O.M.G.
(Constantinople, A. II. Boyajian, 1890.)

A Criterion of Punishment. — A commentary on the Penal Code. By
Reshad, President of the Criminal Court of Appeal of Syria. (Con-
stantinople, A. Assadurian's Printing Office, 1898.) Turkish.

viii. OTTOMAN J>EN ALlpODE.

The Mkjellk. — Translated from the Turkish text by C. R. Tyser, B.A.L.,
President of the District Court of Kyrenia, Cyprus ; D. G. Demetriades,
Registrar, District Court of Kyrenia, and Ismail Haqqi Effendi, Turkish
Clerk, District Court of Kyrenia. (Nicosia, Cyprus, Government
Printing Office, 1901.) Ewjlish.

Codes Francats et Lois Usijklles. — By H. F. Riviere and others. (Paris,
A. Chevalier-Marescq et Cic. 29th Edition, J 901.) French.

A Collection of Penal Laws (QAVANiN-r-nszA'iYEU Mejmttasi). — Com-
piled by Na/.if Bey, a lato Assistant Public Prosecutor, Constantinople.
Published by Mihran, proprietor of the "Jihan Library/' Stambul.
(Printed at Garabed's Printing Office, Sublime Porte Road, Constan-
tinople, I3t$-rl902.) Turkish.

Corps i>e DuorT Ottoman. — By George Young, M.V.O., 2mo Secretaire
dc TAmboasadc d'Anglctcrrc, Vol. VII. (Clarendon Press, Oxford,
1906.) French.

Commentary ok the Ottoman Penal Code. — By Sami, member of the
Court of First Instance of Scutari. (Constantinople, Elias, Kana'at
Library. 2nd Edition, 1908.) Turkish.

Droit Ptiblic et Adbunistratik de l 'Empire Ottoman. — By A. Heid-
born, Liv\ II. (C.W. Stein, 16 Franzcnsring, Vienno-Lcipzig, 1909.)
French.

Criminal Code with notes. — By Karakoch Sarkis, late President of the
abolished Destur Committee at the Sublime Porte. (Shant Printing
Office, Constantinople, 1911.) Turkish.

Lirrarv of New Laws, No. 2, New Penal Code. — Compiled by Tovfiq
Taq Bey, an Assistant in the Executive Section, Commercial Tribunal.
Published by the Iqb&l Library. (Printed at the Shems Printing
Office, Constantinople, 1912.) Turkish.

INTRODUCTION.

Thk practical history of Ottoman Ciiminal Law is com-
paratively simple, From the earliest days of Islam down to
the nineteenth century the determination of what constituted
an offence and the designation of its proper punishment
rested substantially on the " Sher' " * — the Sacred Moslem
law.

The Sher' law is "the Law of God"; its authorities are
the Quran, the traditions handing down the unwritten
sayings of the Great Prophet, the traditions as to the say-
ings and acts of his companions and immediate successors
and matter founded on reasoning and analogy thereunder.

During the long period of time which elapsed between
the issue of the original sources of the Sher 1 and the first
spring of reform, the Moslem jurists, with scrupulous veno-
ration for the letter of their divine precepts, endeavoured,
with painful mental feats veering sometimes towards in-
genuity and sometimes towards ingenuousness, to extract
from their patriarchally primitive material rules for guidance
in circumstances to which, in the ever growing complexity
of their national and social environment, it was quite in-
capable of reasonable adaptation.

Broadly, however, it may be said that in the early years
of the nineteenth century a very tangible classification of
the Ottoman Criminal and Penal law as founded on and
derived from the Sher' already existed ; peculiar though
its scheme and presentation maj r appear to western minds.

Offences were divided into two categories, namely, those
punishable by definitely fixed penalties and those punishable
by penalties not definitely fixed.

The fixed penalties were certain punishments (usually
of great severity) definitely prescribed by the Sher' for certain
offences ; these penalties were unalterable by the Sultan,
by a Court, or by any other power, ^and were absolutely
immutable.

Note. — " Shor' " ; pronounced as the French *' cherio.'*

X.

OTTOMAN PENAL CODE.

The penalties not definitely fixed were those the infliction
of which was delegated to the Courts ; sorne times in cases
in which the Slier' law, though declaring an offence punish-
able, did not fix the penalty ; sometimes in those cases
in which an offence was one of which the Sultan might
have thought fit to order suppression ; sometimes in those
cases in which an offence was one of which the suppression
itself had been left to the legal tribunals ; but the powers
of punishment in such cases were limited to sentences of
exile, imprisonment, the bastinado, fine and compensation.

The fixed penalties indicated two underlying ideas ;
expiation to God and compensation to injured individuals.

Of the former class were prohibited cohabitation ; false
charges of prohibited cohabitation ; the drinking of intoxi-
cating liquors ; theft of certain types ; highway robbery ;
forsaking the Moslem faith ; and rebellion.

Of the latter class were homicide ; assaults causing the
loss of any member of the body ; and wounding.

The fixed punishments prescribed by the Sher' included
amongst others stoning to death as a penalty for prohibited
cohabitation in extreme cases ; the lash for indulging in
inebriating beverages ; the cutting off of a hand for larceny
and of the right hand and left foot for highway robbery,
and death for recalcitrant apostates or rebels.

The penalties for homicide, for assaults causing the loss
of a member of the body and for wounding were highly
elaborated but may be generalized as divisible into two
categories, one a " lex talionis " and the other a system
of ct blood money " — the choice of the application of either
lying substantially in the hands of the injured person or
of his heirs who indeed might even renounce any demand
for punishment or compensation whatsoever.

Homicide was ranged in six classes commencing with
" intentional homicide " in which the offender, armed with
a lethal weapon, purposely killed his victim, and passing
downward in gravity through homicide by poisoning, (not
regarded as so grave a crime), by culpable carelessness, by
want of foresight and by negligence, to homicide of which
the author was unknown.

OTTOMAN PENAL CODE.

XI.

Death, at the demand and commutable at the option of
the heirs of the murdered person to a blood-price, punished
the first of these crimes ; for the rest blood-money sufficed
though in the more serious categories there were attached
also some civil disabilities and threatened miseries in the
world to come.

To an attack causing the loss of a member of the body
the primitive doctrine of " an eye for an eye " — the real
" lex talionis" of the Old Testament and the Quran — was
applicable, similarly on the claim and commutable to a
monetary compensation at the wish of the injured party.

Lengthy schedules of the amounts payable in cash or
camels for different sorts of injuries and in respect of different
classes of persons injured were prescribed.

To enter into further details of these curious particulars
would be out of place here, but an admirable summary may
be with advantage consulted in the 2nd Volume of Heid-
born's Droit Public et Administratif de F Empire Ottoman.

The tendency towards an avoidance of the rigid penalties
of the Sher\ the desire to provide suitable punishment for
offences for which the Sacred law either did not prescribe
any redress or to which it did not refer, and the wish to
enlarge the discretion of the criminal tribunals in the inflic-
tion of sentences, were all probably present in some measure
in the minds of the less conservative Ottoman authorities
for very many years.

Of the first the adroit and increasing evasions rendered
possible by subtle legal technicalities were a clear sign ;
of the second a reflection perhaps shows itself in now long
forgotten criminal decrees such as those promulgated by
the Sultan Suleiman Qanuni (the " Law-Giver ") who
reigned from 1520 to 1566 ; whilst of the third the first
modern projected reforms were no doubt some form of
expression.

Thus perhaps stirred, arose the ambitious projects designed
by the Sultan Mahmud to ameliorate the then existing
chaos of internal government, both administrative and
judicial, which were cut short by the victorious revolt of
Egypt and their author's death in 1839.

xii. OTTOMAN PENAL CODE.

So far, however, had his schemes matured, that Rashid
Pasha, that deceased Sultan's Foreign Minister and Grand
Vizier to his youthful successor Abd-ul-Mejid, was, when
by the intervention of the Great Powers the storm had
passed, able to issue in the latter part of tho same year the
famous " Decree of Gulkhane " — more commonly known
as the " Khatt-i-Sherif " or "the Law of Tanzimat"—
promulgated with vast pomp on the plain from which the
Decree takes its name on the 3rd of November, 1839 (26
Shaban, 1255), in the presence of a huge concourse of persons.

Guarantees of security of life and property, and propriety
in the assessment and collection of taxation, and in the
enlistment and duration of service of the soldiery, were the
cardinal features of this Rescript garnished with flowery
phrases.

It condemned in unmeasured terms the practice of farming
out the taxes ; indicated the desirability of the introduction
of new laws to cope with new conditions, referred to some
few instances in which the Criminal law required ampli-
fication or clarity and promised enactments to effect such
requirements.

Accordingly in May, 1840, (1 Rebi' ul Akhir, 1256)— the
following year — a decree made its appearance consisting
of thirteen Articles and an Epilogue ; these dealt with a
variety of matters such as treason, incitement to rebellion,
embezzlement of the Public Revenue, refusal to pay taxes,
resistance to authority and some few alterations in penalties
and procedure.

A few months later (21 Ramazan, 1256) some additional
Articles were produced the most important of which was
one which added to the penalty of blood-money, capable
of being claimed from a person who had killed someone
by the heirs of the individual killed, the punishment of
imprisonment with hard labour ; joining here for the first
time the punishment demanded by society with that pre-
scribed hy the Sacred law for the satisfaction of the private
wrongs of the individuals injured.

Again in 1851, (15 Itejeb, 1267) yet another set of orders
were promulgated ; dealing with forgery, abduction of girls

OTTOMAN PENAL CODE. xiii.

and the making of indecent advances, besides containing
in its three Articles and Preface some regulations as to the
treatment of sick and pauper prisoners and the punishment
of slaves.

But notwithstanding these, now only academically inte-
resting, enactments the practical result of the Khatt-i-Sherif
was realty nugatory; circumstances familiar to students of
that period of history combining to render them ineffective
and illusory ; the few trifling reforms to which reference
has been made were of little real utility, and it was not until
1858 that a variety of circumstances led up to the passage
of matter more comprehensive and important. This was
" The Imperial Penal Code of Turkey," usually called " The
Ottoman Penal Code," one of those somewhat elaborate
and hastily launched enactments after the Crimean war.

In January, 1856, Turkey had definitely decided upon
certain reforms which included that of the criminal law and
later in the same year (18th Februarj', 1856— 10 Jemazi'
ul-Akhir, 1272) the Sultan Abd-ul-Mejid promulgated the
1 Khatt-i-Humayun " confirming the Khatt-i-Sherif and
detailing the reforms to be introduced.

This Imperial Rescript is an extremely interesting docu-
ment ; it guaranteed equality of treatment to all Ottoman
subjects and tolerance to all sects ; it delegated all civil
and criminal matters between Moslems and non-Moslems
to the jurisdiction of the mixed tribunals, and of one part
the text translated runs : " That . . . the Penal and
Commercial laws and the rules and regulations as to pro-
cedure in the mixed tribunals be completed, taken down
in writing and codified in a volume as expeditiously as
possible, and be published and promulgated after being trans-
lated into the various languages used in our divinely pro-
tected Imperial Dominions.' '

One of the earliest results of the above Charter was " The
Imperial Penal Code," the subject of this volume. This
body of law was submitted to the Grand Vizier by the Mcjlis-
i-Tanzimat (Board of Legislation) by a Mazbata (Report)
dated 21 Zilhijjeh, 1274 (2nd August, 1858) for the necessary
Imperial sanction of the Sultan. This report recommended
that 4,000 copies of the Code should be printed and issued

siv. OTTOMAN PENAL CODE.

for immediate use in the Courte and for sale to the public
throughout the Empire, thus replacing all penal laws then
in force in the Ottoman Empire.

The draft Code and the Report were forwarded by the
Grand Vizier to the Principal Private Secretary of the
Sultan with a covering letter, dated 27 Zilhijjeh, 1274 (8th
August, 1858) embodying the gist of the Report and request-
ing that the Imperial sanction might be given for the bringing
into operation of the law.

The Principal Private Secretary returned the draft Code
to the Grand Vizier with the Imperial Trade (written order)
of approval appended to it on 28 Zilhijjeh, 1274 (9th August,
1858). This date, i.e., 28 Zilhijjeh, 1274 (9th August, 1858)
is the actual date given to the Code. Tt was communicated
to the Embassies at Constantinople on April 17th, 1859,
accompanied by what purported to be an official French
rendering of the text but which, however, was, in the main,
merely a loose paraphrase of the Turkish original.

The Code has been from time to time added to and
amended ; it was re-published with its amendments on
August 21st, 1863 (6 Rebi' ul Evvel, 1280) ; it duly appeared,
with amendments, up to date, in the first volume of the
"Destur" * (Vol. I, p. 537) — a Government production
issued at irregular intervals containing the text of the laws
of the Ottoman Empire- which appeared in 1873.

Later amendments lie scattered in later volumes of the
same publication. The Ottoman Parliament in 1911 repealed
and re-issued in modified form numerous Articles of the
Code which it also amplified extensively by Addenda.

In 1869 a Mr. D. Nicolaides, a Constantinople editor,
published in a work entitled " 'O0up.«vtKci KwSixe<; "-a collec-
tion of the Laws, Regulations, Decrees and Instructions in
force in the Ottoman Dominions — a Greek translation of
the Penal Code direct from the Turkish text, and for this
work high praise is duo as it is an accurate and useful ren-
dering to which unfortunately the lack of an intimate know-
ledge of modern Greek by the vast majority of Europeans
debars access.

* "Deatar" is a Persian word with numerous meanings one of which is *' a
collection of laws." Four volumes of the "Destur" appeared and four appendices
known as ■• Zeyl-i-Destur," "'Zeyl" means "appendix" or "addendum."

OTTOMAN PENAL CODE. xv.

In 1873 a Greek journalist residing at Constantinople,
a gentleman named Aristarchi Bey, published in the second
volume of a work entitled " Legislation Ottomane (ou
recueil des lois, reglements, ordonnances, traites, capitu-
lations et autres documents officiek de Y Empire Ottoman) "
the French paraphrase of the Code — with most of its amend-
ments — as issued to the Legations.

In 1888 Mr. C. G. (now Sir Charles) Walpole, then Presi-
dent, of the District Court of Larnaca, Cyprus, published
a translation from the French text of Aristarchi Bey and
this, though naturally possessing those inevitable demerits
resulting from a translation, is, fairly faithful though it
may be to the French, in no way more than is the latter
a correct rendering of the Turkish original.

In 1890 Mr. D. Nicolaides published a second edition of
the " 'OOwfjtavtxot Kc&Sucec" in the third volume of which
appeared the Ottoman Penal Code with many of the additions
made since the appearance of the first edition of his work.

In 1906 Mr. George Young, M. V.O., of the English Embassy,
re-published (with the additions to date) the French text
in the seventh volume of his "Corps de Droit Ottoman."

Several commentaries have appeared in comparatively
recent years published in Turkish ; they are at times
instructive though as a rule too elementary to be of serious
value.

The preponderance of French influence in Ottoman coun-
sels at that period causes one to turn at once to the French
model to find the source of the Code.

The general scheme of the Ottoman Penal Code follows
that of the French Code Penal both in its classification of
offences and in its main divisions ; but in detail there are
many differences and indeed although a number of Articles
in the Ottoman Code have been bodily translated from the
French whilst the large majority of the former have some
sort of counterpart in the latter yet some of the clauses
in the Turkish enactment are substantially original. Hastily
prepared and precipitated upon an entirely indifferent if
not unwilling public, it is surprising to find that as a legis-
lative production and as a whole the Ottoman Penal Code
is, broadly, comparatively simple and tolerably well adapted

xvi. OTTOMAN PENAL CODE.

to the circumstances which it was designed to meet, but
when necessity compels it to be applied practically its in-
exhaustive character and lack of precision become constantly
patent.

Walpole's translation has been of great utility to the
Englishmen who have had to administer justice in Cyprus
but is of little service for accurate work, and for this reason
and with the hope that it may be of more wide value the
present practically literal English rendering of the Turkish
text accompanied by such annotations as seemed advan-
tageous has been prepared.

In attempting a faithful translation into English no one
unacquainted with the intrinsic difficulties of the Turkish
language can realize the awkward construction and indefinite
phrasing which have constantly to be encountered, whilst
to these normal embarrassments have in the present case
to be added other and more serious defects in the text due
to hurried production, haste or carelessness coupled with
either lack of erudition or an incomplete mastery of the
Ottoman tongue admittedly not peculiarly suitable for
the conveyance of purely western ideas in western legal
formularies.

The original Ottoman Penal Code is still, modified as
indicated above, in force in the Ottoman Empire.

Tn Cyprus it is, together with all amendments made prior
to the 13th July, 1878, (the date of the assumption by Great
Britain of the administration of the Island,) also the law
to which Ottoman subjects are amenable but, as not a few
of its provisions have been repealed, altered or amplified
by local or locally effective legislation and explained by
decisions of the Cyprus Courts, a special appendix dealing
with such points peculiar to Cyprus has been added.

John A. Buckniix.
January, 1913. H. A. S. Utidjian.

CONTENTS.

PRELIMINARY.

Page

PART I. — Sets forth the grades and degrees op offences
amd punishments in general and also certain general
principles. [Arts. 1-15.) .. .. .. .. .. .. 1

PART IT. — Sets forth the details of the punishments for

Jtnayets. [Arts. 16-33.] .. .. .. .. .. ..15

PART III. — Sets forth the details of the punishments relating
to Junhas and Qabahats. I Arts. 34-39.] . . . . . . 23

PART IV. — Sets forth the circumstances which serve or not as

GROUND FOR EXCUSE OR RESPONSIBILITY AND WHICH NECESSITATE
LIABILITY TO PUNISHMENT. [ARTS. 40-47. | .. ., ..20

CHAPTER FIRST

SliTS FORTH THE JlNAYETS AND JlTNHAS OF WHICH

THE INJURY IS GENERAL ; AND THE PUNISHMENTS

PROVIDED THEREFOR.

PART. I. — JlNAYETS AND JUNHAS WHICH DISTURB THE EXTERNAL

SECURITY OF THE IMPERIAL OTTOMAN GOVERNMENT. [ARTS. 48-54.] 37

PART II. — JlNAYETS AND JUNHAS WHICH DISTURB THE INTERNAL

SECURITY OF THE IMPERIAL OTTOMAN GOVERNMENT. [ARTS. 55-06.] 45

PART III.— Sets forth Bribery. [Arts. 67-81.] 60

PART IV. — Theft of State properties and other corrupt acts.

[Arts. 82-93.] 69

PART V. — Those who abuse the influence qf their office and
position and who do not fulfil the duties of their office.
[Arts. 94-102.] 74

PART VI. — Punishment to be carried out when oppressions or

ILL-TREATMENTS TAKE PLACE ON THE PART OF GOVERNMENT
OFFICIALS TOWARDS INDIVIDUALS. [ARTS. 103-111.] .. ..80

PART VII. — Punishment of persons opposing, disobeying or

INSULTING THE OFFICIALS OF THE IMPERIAL OTTOMAN GOVERN-
MENT. [Arts. 112-116.] 86

PART VIII. — Relates to persons daring to effect the escape

of prisoners or to hide criminals. [Arts. 117-121.] .. 92

B

xviii. OTTOMAN PENAL CODE.

Page
PART IX. — Punishment of pbrsons baking to break open seals

and to abstract effects or official documents in trt7st-

custody. IArts. 122-129.] 96

PART X. — Persons assuming official capacity without having
the right or authority to do so. [Arts. 130-131.] .. 99

PART XI. — Relates to persons interfering with religious
privileges or destroying or damaging certain ancient or
esteemed monuments. [Arts. 132-133. j .. .. .. .. 101

PART XII.— Persons deranging telegraphic communications.
[Arts. 134-136.] 102

PART XIII.— Relates to persons opening printing houses

WITHOUT PERMISSION OR PRINTING AND PUBLISHING OFFENSIVE
PAPERS IN PRINTING HOUSES OPENED BY ORDER AND PERMISSION ;
AND TO THE RULES OF TEACHING IN' SCHOOLS. [ARTS. 137142.] 105

PART XIV.— Sets forth false coining [Atrs. 143-147.] .. 107
PART XV.— Sets forth forgery. [Arts. 148-162] ..10**

PART XVI.- Punishment for incendiaries. [Arts. 163-167.] .. 118

CHAPTER SECOND

JlNAYETS AND JlTNHAS AGAINST PERSONS AND THE
PUNISHMENTS PROVIDED THKRTCFOR.

PART I.— Relates to killing, wounding, beating and threaten-
ing, [Arts. 168-191.] 124

PART II. — The punishment provided fob persons causing
abortion, selling a dultbrate1) drinks, or poisons without
surety. [Arts 192-196.] 145

PART III. — Sets forth the punishment for persons who violate

honour. [Arts. 197-202.1 149

PART IV. — The shameful act of imprisoning or detaining
persons contrary to rule, of stealing infants or murahiqs
AND OF ABDUCTION of girls. [Arts. 203-206. J . . .. .. 15$

PART V. — The punishment for persons who give false testimony

and who swear falsely. [Arts. 207-212.] . . .. . . 102

PART VI. — Sets forth calumny, vituperation and divulgence

of secrets. [Arts. 213-215.] 164

PART VII.— Relates to theft. [Arts. 216-230.1 171

PART VIII. — The punishment for persons guilty of bankruptcy

OR swindling. [Arts. 231-233.1 183

OTTOMAN PENAL CODE. xix.

Pa at:
PART IX.— -Abuse of confidence. [Arts. 234-287. J .. ..184

PART X. — The punishment for persons who introduce fraud

INTO AUCTIONS OR COMMKRCIAI, AFFAIRS. (ARTS. 238-241. J .. 187

PART XI. — Punishment for gambling and lotteries. (Arts.

242-243/1 191

PART XII.— Destruction op property awD causing loss to

people. [Abts. 244-253.| 192

CHAPTER THIRD

Sets forth the punishments for persons guilty of

Qabaiiats against matters of sanitation,

cleanliness, and police.

[Artp. 254-265.1 ,. .... L9U

)

THE OTTOMAN PENAL CODE.

Let action be taken according to the copy of the Imperial

Rescript. 1

Note. — ' Th© procedure would be as follows : — The Original Code would be placed
before His Imperial Majesty the Sultan for his sanction His Majesty would, with his
own hand, write on it words such as M lot action bo token accordingly " in this way
giving validity to the enactment.

PRELIMINARY.

PART I.

Sets forth the grades and degrees of offences and
punishments in general and also certain general
principles.

Art. I. 1 — Whereas the punishment of offences taking place
directly against the Government lies with the State, and the
consideration that offences taking place against a person
disturb the public tranquillity likewise concerns the State,
this Code also guarantees and secures the determination of the
degrees of the punishment 2 the fixing and execution of which
lie with the order of the Supreme Authority 3 according to
the Sher' 4 ; without prejudice, however, in any case to the
personal rights prescribed by the Sher\ 5

Art. 1 Notes. — l The Turkish text of this article makes any literal translation into
English road somewhat awkwardly. The sense, however, is tolorably clear and might
be shortly expressed as follows; "The State is obviously concerned in dealing with
offences against itself ; it is equally bonnd to deal with offences against individuals in
order to preserve tho public peaco. Hia Majesty tho Sultan having, by the funda-
mental principles of the Moslem Sacred law, the power to prescribe and give offect to
such punishments as he may think fit, has by the present Code fixed certain punish-
ments and guaranteed their execution. But such punishments do not deprive any-
one of any rights or claims which the Moslem Sacred law gives."

* " punishment," more literally " chastiscmont*' or " correction.''

3 "supremo authority," lit. "Master of Commands." The expression mean?
'"Die Sultan."

1 " the Sher' " ; the Sacred law of Islam. This is derived from four sources ; (a) the
Quran ; (o) traditions as to the sayings of the Prophet ; (c) traditions as to the acts and
sayings of the companions and immediate successors of the Prophet ; (d) reason and
analogy.

2 OTTOMAN PENAL CODE.

The Law of God, as tlie Sher* law is also sometimes designated, purports to be in
itself a complete and comprehensive system of law capable of application to any set
of circumstances but, with the advance of western influences into Ottoman affairs, its
practical unsuitability for regulating the complex questions which aroso in many phases
of modern life has long been recognised by the introduction at the instance of the Wes-
tern Powers of a variety of enactments in the form of Codes, Regulations, Imperial
Orders and the like ancillary to but naturally forming no part of the Slier*. These
productions of which the Land, Commercial, Maritime and Penal Codes are good examples
aro usually collectively roforrod to as Nizam law in contradistinction to that of the Sher'.

5 '* Rights prescribed by tho ShorV Tho rights horo roforrod to aro those possibilities
of retaliation and compensation which have already been briefly mentioned in the
Introduction.

In theory they exist up to the present day but in practico they have for the most
part fallen into desuetude for reasons which will be explained later in this note.

Briefly these personal rights consisted of two principal and alternative schemes of
penalty, on© called " Qieas," which was a '* Lex taiionis," and tho other called " Diyet,"
which was compensation by payment of a blood-price.

Qisas and Diyot were based on the Quran itself which in passages — vividly recalling
similar portions of the Old Testament — sots out Hie doctrine very clearly thus: "Et
nous leur avons present vie pour vie, ceil pour osil, nez pour nez, Oreille pour oreille,
dent pour dent, et lo talion pour blessures, et s'il 1© pardonno ainsi cuVun© aumone,
e'est une expiation. Ccux qui ne jugent pas suivant ce qui a 6te envoye" par Allah, ee
sont les injustes ; " and again, " O vous croyants, le talion vous eat present pour l'homi-
ci.de, I'hommo libro pour I'hommo libro, I'osclavo pour I'osclavo ot la fommo pour la
femme et celui a qui son frere a pardonne, qu'on le traite avec cl6rnence et que
J'inderonite soit largo."

Qisas consisted in the putting to death of an individual by whom another had been
intentionally killed, and in the destruction of a member of the body of an individual
who had intentionally destroyed a member of another individual's person.

Diyot consisted in the payment of compensation by an individual who had killed a
person to the heirs of the person killed, and also in tho payment of compensation by an
individual who had caused the destruction of a member of tho body of another indivi-
dual to the person so maimod.

The penalties of Qisas and Diyet were not obligatory being only enforceable on the
demand of the heirs of a murdered individual or on a claim by an injured party.

A claim for Qisas could always be commuted to one of Diyet at tho wish of the
claimants or claimant who might even renounce any demand for either penalty.

The carrying into effect of a claim for the execution of the death penalty under the
doctrine of Qisas was rendered a matter of considerable difficulty owing to the numerous
conditions tho strict observance of which was necessary.

In the first place it was only applicable in the case of a murder of the most serioua
of the six types, that is to say, to a person who had intentionally killed another with a
lethal weapon ; nil the heirs of tho killed person must participate in tho demand for
the murderer's death and be present at it, the omission or refusal of even one heir to
claim or appear at the execution effectually stopping tho carrying out of the penalty :
the murderer must be of full mental capacity, must not bo an ancestor of tho
victim and must not have committed the crime under involuntary compulsion ; no
one of tho heirs must be the child or grandchild of the criminal ; a man's lifo can only
be claimed for having killed a man, a woman's for having killed a woman and so forth.
The murderer must bo beheaded with a sword by the heirs or their agents. In short,
the death penalty by way of Qisas was not encouraged.

The scheme of Qisas when applied to reprisals not involving death was also amenable
to considerable restrictions, tho retaliatory measures having to correspond exactly
with tho injury caused ; for example, the Qisas applicable to an individual who had
causedjtho loss of anotiior's right hand would bo for tho malefactor fco have his right
band cut oft.

OTTOMAN PENAL CODE. 3

Diyet was blood -money ; it could be claimed by the heira of a person killed or by
an individual who had been caused the loss of a member of his body ; also in respect
of injury causing a miscarriage. But in addition to the strict Diyet it was also possible
to obtain a monetary compensation for wounds or injuries not causing mutilation, the
amount, being in some few instances as in the case of injuries to the face or head fixed
by the Sher 1 and in others determined by the Court. The amount of Diyet as well as
the sources from which it could be obtained varied. For the former the Sher' pres-
cribed a regular and most elaborate tariff of what was payable dependent upon the
sox and status of the killed or injured person, the nature of the orimo and extent of
the injury.

The Diyet payable for the death or mutilation of a female was half that payable for
a male ; for a slave according to their actual value if killed or the loss to their value
occasioned by their mutilation.

In cases of wilful homicide which includes both intentional homicide with a lethal
weapon, by poison or by other means ; in cases of injury involving the loss of a member
of which the body has but one {e.g., nose, tongue, genital organ) or of the reason, or of
two members of which the body possesses a pair {e.g., hand, foot, ear, lip, eye, eye-
brow) or of four members of which the body possesses four (e.g.. eyelashes, eyelids) ;
and in cases of injury involving incontinence of the bladder, a full Diyet was payable :
a full Diyet in the case of a fro© man was one hundred female camels, or one thousand
dinars of gold or ten thousand dirhams of silver. This represents approximately two
hundred and fifty pounds English. In cases of homicide committed otherwise than as
above the Diyet payable was eighty female and twenty male camels when paid thus
but without differentiation when calculated in money.

The breast and nipple of a woman wore each regarded as a member for the purposes
of Diyet but not thoso of a male though a male could, of course, recover for any such
injury monetary compensation to be determined by the Court. The loss of any one
member of which the body has a pair involved the payment of half a full Diyet ; for
the loss of any ono of those members of which the body has four the fourth of a full
Diyet was payable ; the loss of a finger or toe was assessed at one-tenth of a full Diyet
and of a joint of a finger or toe at one-half or one-third of one-tenth according as the
finger or too consisted of two or three joints ; a tooth was -worth one-twentioth of a
full Diyet ; an injury causing a miscarriage met with a blood price of five hundred
dirhams of silver.

The arrangements as to the sources from, which the payment of Diyet was to be
forthcoming were interesting.

In the case of intentional homicide Diyet was obtainable primarily from the mur-
derer, and in case of his inability to pay then from his parents and in case of their
inability from the State Treasury. In the case of homicido the author of which was
unknown the payment was exigible from the people in whose vicinity the body wag
discovered, such as for example the inhabitants of a village or quarter, the crew and
passengers of a vessel or the proprietor of an hotel ; if found in a mosque Or on the
highway the State was bound to pay, but if in the victim's own house no claim could
bo mado at aU.

In the other four cases of homicide Diyet was payable primarily by the members of
the offender's guild or corps or tribe, secondarily by his parents, thirdly by him himself
and as a last rosort by tho State. For loss of a limb or injury the payment of Diyot
or compensation fell on the offender.

It may be noted that, except in cases of homicide which involvod some slight ulterior
consequences in certain instances such as the loss of the right to succession and the
compulsory manumission of a slave, the suffering of Qisas or the payment of Diyet
avoided any other penalty,

Tho above remarks sumrnari2e shortly the theory of the Sher' Penal law which
exists nominally even now.

Tt is more diflicult to trace accurately the gradual desuetude ioto which most of ita
practice lias fallen.

C2

4 OTTOMAN PENAL CODE.

Reprisal by mutilation was probably tho first to disappear, lingering, though dig.
couragcd, in remote and rude communities.

TheKhatt-i-Sherif (November 2nd, 1839) whilst professing to promise reform of abuses
was purposely couched in language calculated not to offend the religious susceptibilities
of the conservative custodians of the Sher 1 and indeed advocated adherence to it.
But in tho additional Articles to tho Law of 1840, which were published in the same
year (21 Ramazan, 1256) it was laid down that a person found guilty of homicide should
euffer a poriod of penal servitude even though Diyet should havo been paid ; this
period was less if Diyet was paid than in case of non-payment.

The promulgation of tho Ottoman Penal Codo (28 Ziihijjoh, 1274— 8th August, 1858)
brought into force a totally new Criminal scheme without, however, abrogating the old
and the dual systems stand in theory sido by side. Merely a cursory examination
disclosos points at which they would clash but time and habit havo smoothed a path
on which they both travel fairly smoothly. Thero have been some instances in which
difficulties have had to be cleared up by formal and authoritative ministerial circulars
of instruction or orders: for oxomplo, by a Vizierial instruction dated 16th August,
1292- 27th August, 1876 (videDostxxr, Vol. IV., p. 372 ; Nicolaides, Ott. Cod., p. 2479,)
it was laid down that if a Sher' Court had ordered that Diyet should be paid by a mur-
derer and if tho murderer died bofore the payment the heirs of the murdered person
could recover the Diyet from the murderer's estate, but if such estate was insufficient
the surplus would not bo paid by the Public Treasury ; and similarly in a ease in which
a murderer had been executod by order of tho Nizam Court the hoirs of tho murdered
person who might have been awarded Diyet by the Sher' Court cannot if the murderer's
assets are insufficient to meet the amount claim anything from tho Stat© purse. Ano-
ther similar instruction dated 20 Shevwal, 1296=7th October, 1879 {vide Destur, Vol.
IV., p. 372; Nicolaides, Ott. Cod., p. 2421) provided that when a murderer had been
sentenced to death by the Nizam Court and was also amenable to the death penalty
by way of Qisas the heirs of tho victim should bo consulted in order that their inten-
tions as to their willingness to accept Diyet might be communicated to the Sultan
before the Imperial Order authorizing the murderer's execution was actually issued.

Actual conflicts between the dual systems are avoided in a variet3' of ways. Th©
Penal Code itself provides numerous cases in which special provision is made for assess.
ment according to the Sher' law and generally of compensation for injurios [e.g.. Arts.
171, 177, 178, 179, 180, 182, 183, 192, 194, etc.) and the practico is that whilst prosecu-
tions are, in the first instanco dealt with in the Nizam Court such Court in the event
of on injured party desiring to claim his rights under the Sher* law remits the matter,
after it has pronounced sentence, to the Sher* Court for assessment of the compensa-
tion thus claimed, and the award of Diyet or compensation does not prevent or affect
tho carrying out of tho sontonco of tho Nizam Court.

The death penalty is comparatively seldom carried out ; if pronounced by a Nizam
Court the Sultan has the powor, which is often exorcised, under Art. -17 of tho Codo to
commute it ; if the Nizam Court has passed a sentence of less than death upon a person
on whom the heirs of the victim persist in claiming from the Sher' Court capital punish-
ment under tho Sher* law by way of Qisas, tho difficulty is sometimes avoidod by the
issue of an Irado by the Sultan ordering the heirs to renounce their demand for Qisas
and to be satisfied with ft blood-price, i.e., Dij-et.

Qisas by way of deprival of a member of an offender's body has long disappeared.

Claims for Diyet arc far rarer than they were a comparatively short time ago aad
though it is not probable nor on tho whole desirable that they should vanish altogether
there can be little doubt that the Ottoman Public has by now generally become habi-
tuated to and satisfied with tho powers and the ad minis trotion of their Nizam tribunals.

It need perhaps hardly be added that if an accused person is acquitted no personal
rights can bo claimed from him by tho injured person, though if an accused porson is
found, though guilty, not resposniblo for his act (e.ff., insane or a minor) the injured
party might sue for compensation in a civil court whilst, again, a civil action might, of
course, lie at the suit of an injured person against the person responsible for such injury
even though no criminal oifonco hod been committed.

OTTOMAN PENAL CODE. 5

The difference between the reservation of tho rights under the Sher* provided for
by this Art. (1) and the claims the safe -guarding of which is prescribed under Art. 9
should also be noticed.

Art. 2. 1 — Offences punished by law are of three kinds.
The first is Jinayet, the second is Junha, and the third is
Qabahat.

ArtT. 2 Notes, — 'It is not possible to translate concisely tho throe words '* Jinayet, '*
*' Junha " and " Qabahat" into English expressions which would maintain any literal
accuracy and at the same time convey any legally intelligible meaning. The schema
adopted in. the Ottoman Penal Code of separating offences into throo categories is taken
from the French Code P&i&l, the first Article of which reads thus : —

Art. lor. — " L'infraction que lea loia punissent dea poinos de police est un© contra-
vention. L'infraction que les lois punissent de peines correctional les est un di-Ht. I/in-
fraction que les lois punissent d'une peine afflictive on Infamante est un crim*.** It
iG doubtful if there are any words in the Ottoman language which tho draftsman of the
Ottoman I'enal Cod© could well have utilized in order to render an exact equivalent
of tho three French expressions " Crime," " Delit " and " Contravention " but, in any
case, the terms " Jinayet." " Junha" and " Qabahat " are in fact merely words made
use of for convenience and for lack of others of greater suitability. These three words
are all really Arabic and are thus translated by Redhouse :

" Jinayet " : a wrong, offence, crime ; especially an offence against the person re-
sulting in a wound or mutilation.

"Junha": a crime, offence, fault.

" Qabahat " : a fault, offence, a sin, guilt. The French rendering of the Ottoman
Penal Code not unnaturally uses tho words of the French Code Penal.

Walpole in his English translation from tho French makes use of the terms " Felony,*'
"Misdemeanour" and " Police Offence."

Nicolaides in his Greek translation of the Turkish text in the " OHta\iainKoi Kw&mc"
render;' "Jinayet" as ** ra KaKov0 m Yifftara, y> '* Junha " as " ra 7r\r^ixaiXif[iara'* and
*' Qabahat" aa '' tu TTTaioftara.'*

For the purposes of an English translation the first two of the three expressions
"Felony," "Misdemeanour " and "Police Offonce" used by Walpole appear vory unsuit-
able and, indeed, liable to cause confusion ; for, although they may popularly indicate
some idea of degree in the gravity of offences, their use is from a legal point of view
open to rather sorioui objection. Tho word u Felony" is not only not a term equivalent
to the French expression " Crime " as used in the exact sense defined in the French
" Code Ponal," but has a meaning in English Jaw peculiar to itself and of which there
is no direct counterpart in French or Ottoman Jurisprudence.

Similar criticism applies to the word " Misdemeanour " when called to serve as an
equivalent of " Debt."

As for the third expression " Police Offence " this, though only a paraphrase of the
French " Contravention," has at any rate the merit of possessing no proper and precise
meaning or place in English legal phraseology and its use is, therefore, loss open to ad-
verse comment whilst it has the further advantage of corresponding substantially to
tho exact sense which is assigned in tho Code Ponal to the word " Contravention."
The fact is that tho words used both in the French and Ottoman Codes to designate
the three categories into which offences are divided are of little, if any. intrinsic value
as indicative, without definition, of any gradation in gravity but aro merely words of
convenience the local meanings of which as used in the Codes are limited and explained
by the Codes themselves. As, therefore, it seems unsatisfactory and inadvisable to
use in translating tho Turkish toxt English words any of which possess a meaning
in English law differing materially from the sense with which they would have to be
regarded when read in relation to the Code, it has been thought best to retain the
terms " Jinayet," " Junha " and " Qabahat " throughout.

6 OTTOMAN PENAL CODE.

Art. 3. 1 — Jinayet are acts which call for 2 deterrent 3 pun-
ishment.

Deterrent punishments are execution 4 ; perpetual or tem-
porary kyurek 6 accompanied by exposal in public 6 ; confine-
ment in a fortress 7 ; perpetual exile 8 ; perpetual deprivation
of rank and office 9 ; loss of civil rights. 10

Art. 3 Notes. — * Compare Arts. 6, 7 and 8 of the French Code Penal. Art. 6. Lea
peines en matiere criminollo sont ou afflictives et infamantes, ou soulement infamantes.

Art. 7. — Lea peines afflictives et infamantes sont: — 1. La mort ; 2. Lea travail x
forces a perpotuite ; 3. La deportation ; 4. Los travaux forces a temps ; 5. La deten-
tion j 6. La rc'clufrion.

Art. 8. — Lea peines infamantes sont : — 1. Le banishment ; 2. La degradation civique.

8 " call for," more literally " render necessary."

8 "deterrent," lit.. *' territying." The French rendering is "afflictive," Walpole
uses "severe." Nicolaides translates as " U^opumc^v* 1 The French Code Penal reads
" afflictive ou infamante."

* "execution," more literally " killing."

* " kyurek" : a Turkish word the original meaning of which is an oar or shovel. It
later obtained the meaning as given by Redhouse, "the galleys, as a punishment "
and hence generally roughly corresponds to " imprisonment with hard labour."

Rowing in chains in Government boats was formerly a well recognized mode of punish-
xnont in Turkey. The French rendering ueea the words " lea travaux forces." Walpole
uses "hard labour." Nicolaides " ra ffecjuS." The French Code Penal reads "lea
travaux forces."

It has been thought advisable to retain the Turkish word in this translation. For
details as to the exact nature of " kyurek " see Art. 19 below.

6 " exposal in public " ; for details see Art. 19.

' " confinement in a fortress " ; for details see Arts. 23, 24 and 25.

8 " porpotual exilo " ; for details see Art. 28.

* *' office " means always in this connection employment in the service of the Sin f e ;
for details of deprivation of rank and office ©ee Art. 29.

10 "loss of civil rights." This is as a rule a permanent punishment; for details
see Art. 31. •

Art. 4. — Junha are acts which call for corrective 1 punish-
ment. Corrective punishments are 2 imprisonment for more
than one week 3 ; temporary exile 4 ; dismissal from office 5 ;
fine. 6

Art. 4 Notes. — ' " Corrective," more litorally " educative." The French ren-
dering gives the word from the French Code Penal " correctionelles." Walpole uses
" corrective " and Nicolaides " iTntvo^OunKai.' >

z Compare Art. 9 of the French Code Penal. Art. 9. Lea peines en matiere eorrec-
tionolle sont : — 1. 1/emprisonnement 6 temps dans un lieu de correction ; 2. L'interdic-
tion a temps de certains droits civiques, civils ou de famill© ; 3. L'auiende.

3 " imprisonment" ; for details soo Art. 34.

* *' temporary exile " ; for details see Art. 35.

* " dismissal from office" ; Tor details see Art. 35.

* " Bne," more literally " cash penalty " ; see Art. 37.

The minimum fine for an offence of the Junha category is one hundrod piastres or
very nearly eighteen shillings.

OTTOMAN PENAL CODE. 7

Art. 5. — Qabahat are acts and conduct which call for
admonitory 1 treatment.

Admonitory treatment is imprisonment for from twenty-
four hours to one week or fine not exceeding one hundred
piastres. 2

Art. 5 Notes. — ' " admonitory," more literally " reprimanding." The French
rendering leaves the Turkish text and adopts that of the French Code Penal using the
phraeo " des poines de police " which Walpole boldly paraphrases as " punishable by
a court of summary jurisdiction, *' Nicolaidos translates " til v$&&t£, *atf' Z>v i> v6fiv%
:i fi i-i trowi/v rtvii KvTtttiXTUV TOP 7rpri^(UTrt Q&fJro I'OntKtiV)."

2 "piastres." Fines for penalties are payable in gold currency. One hundred
piastres go to the Turkish pound or Lira which is about equivalent to eighteen shillings
in English money. Walpole gives " 100 silver piastres (13s.) " but though the amount
in English money is accurate the currency as stated by him is not.

Art. 6. — Where prescribed by the law these punishments
are sometimes awarded and carried out singly and sometimes

together. 1

Art. 6 Notes.— 1 " together." The French rendering is " cumulativement.*' Wal-
pole follows with " cumulatively," Nioolaidaa translates as " t vXXtyiSiiv."

What is meant is simply that when the law so prescribes, more than one sort of penalty
may be awarded in respect of the same offence ; it does not refer to the question whether
such different penalties so awarded are to be undergone consecutively or concurrently
this point being practically regulated by those various articlo3 of the Codo which permit
the infliction of more than one kind of penalty for the same misdeed.

Art. 7. 1 — If persons who have incurred the punishments of
temporary exile, imprisonment, 2 temporary confinement in
a fortress or temporary kyurek run away from their place of
punishment, their punishment, on being captured, is increased
by an addition to the remainder of their term of a term
equal to from one-third to one-half of their original period
of punishment, and if a person who has incurred the punish-
ment of perpetual exile runs away from his place of exile he
is confined in a fortress in perpetuity, and a person who runs
away from perpetual confinement in a fortress is placed in
kyurek in perpetuity.

Ap.t. 7 Notes. — ' Sami in his Commentary states that the provisions of Art. 7
apply only to porsons upon whom sentence has been pronounced and whoso conviction
is not still liable to review but that, nevor the Jess, an escape from custody of a prisoner
either not actually sentenced or whose sentence may be capable of being reviewed may
form tho subject matter of an entirely eeparato prosecution.

The article is an inoxhaustive one as it does not make provision for the case of an
escape from perpetual kyurek the penalty for which ought, according to Sami, logically
to be death which, however, he considers expediency would not justify. Presumably
a prisoner who escaped from perpetual kyurek would return, on being captured, merely
to his old durance with a more severe prison discipline.

? " imprisonment." This word is not governed by the adjective " temporary "
but as imprisonment is only a tomporary punishment in any cose (see Art. 1(4) it needs
no qualification.

8 OTTOMAN PENAL CODE.

Art. 7 was amplified by an addendum dated 18 Jemazi'ul-
Evvel, 1284 (17 Sept., 1867) of which the following is the
text : —

If 1 by persons undergoing the punishment of temporary 2
kyurek, confinement in a fortress, exile or imprisonment
a Jinayet or Junha or Qabahat is perpetrated during the
period of their punishment, (whether such offence of theirs
be of less gravity than or of the same category 3 as or more
serious than the Jinayet, Junha or Qabahat which they origi-
nally committed), then, if the punishment prescribed by law
in respect thereof is a determinate 4 one the whole thereof and
if it is divided into different degrees 5 the lowest degree thereof
shall be inflicted upon them after the expiration of the remain-
der of the period for which they are sentenced.

And if persons who are perpetual exiles dare to commit
likewise during their sentence a Junha, or a Qabahat, or a
Jinayet which calls for temporary punishment, then, what-
ever may be the nature of the punishment to which they are
sentenced therefor, they shall, after it has been caused to be
undergone by them in the place to be approved by the State,
be remitted to their former condition and place 6 ; and, if they
commit a Jinayet necessitating perpetual kyurek or perpe-
tual confinement in a fortress then the requirement of the
law 7 in respect thereof shall be carried out, but, if the Jinayet
which they have dared to commit calls for perpetual exile,
in that case they shall, in lieu thereof, be confined in a fortress
for a period of four years and, at the expiration of this period,
shall be remitted to the place of their exile. And if the
punishment prescribed by law for the Jinayet or Junha
or Qabahat so committed by persons who are perpetually
confined in a fortress or are undergoing perpetual kyurek is
one for a temporary period then the circle of their imprison-
ment shall be narrowed by prevention from communication
and intercourse 8 for as much as one-third of such period and,
at the expiration of the term, they shall be remitted to their
former condition ; and, if the Jinayet committed by such
offenders is of the same category as or more grave than the
Jinayet in respect of which they have been originally
sentenced in that case the narrowing of the circle of imprison-
ment shall be for six years. 9

Addendum of 18 Jemazi*ul-JEv\'el, 1284, Notes. — 'This long and rather complicated
clause (which, it must be notod, is affected by new article 8 q.v. infra is an addition to
Art. 7 made by on enactment dated Sept. 17th, 1807. Its effect is shortly this : —

1. If a person, whilst undergoing a temporary sentence of kyurek, incarceration in
a fortress, oxile or imprisonment, commits any offonce he must undergo tho penalty —
the mirrirnnrn if there is a minimum — after serving out bus original sentence.

OTTOMAN PENAL CODE. 9

2. If a porson, whilst undergoing perpotuol exile, commits any offenco for which the
penalty is only of some temporary nature ho must undergo such penalty forthwith and
after undergoing it goes back to his exile ; but if tho offence is one the penalty for which
is either life kyurek or life incarceration in a fortress he has to suffer that penalty ; and
if tho offenco is ono for which tho penalty is perpetual exile ho is confined in a
fortress for four years forthwith and then returns to his old exiled state.

3. Tf a person, whilst undergoing a lifo sentence either of kyurek or confinement in
a fortress, commits any offence for which tho ponalty is only of somo temporary nature
he is punished by a period of increased rigour in the conditions under which he is serving
his sentence and the duration of this added severity is fixed at a third of the term of
the sentence which his offence entails ; but if his offence is of the same category or
graver than his original crime the period of added severity is 6xod at a term of six years.

The French rendering hardly attempts a translation of this addition to Art. 7, but
paraphrase?! it very incorrectly whilst Walpole's rendering is scarcely recognizable even
as a translation of the French version. On the other hand the Greek text of Nicolaides
is, except in one or two passages, very £?ood.

The text of this addendum may bo found in Nicolaides, p. 2413; Walpole, p. 3 ;
Aristarehi, III, p. 268 ; Djiz-i-Kav, p. 916 ; Young, VII, p. 2.

The mode of lifo in prisons in Turkey is vastly different) from that obtaining in English
and other Western penal institutions and lends itself easily to opportunities for escape
and offences. A circular was issued from the Ministry of Justice (which is given in full
by Nicolaides, p. 2410) drawing attention to tho numbers of crimes in and fugitives
from prisons and urging greater care in preventing tho latter and greater severity in
punishing the former. This instruction was issued no doubt simultaneously with or
shortly after the promulgation of the above addendum (to Art. 7) which was itself
probably designed to check these abuses which were so extremely common.

Heidbom writes :

" Las prisons Ottomanes ressemblant a des especes do caravanserails, oh les detenus
de tous lea ages sont entasses dans un pole-mole extraordinaire . . . Pas d'isolo-
ment ; pas de riguours . . . pas do travail obligatoire, pas destruction, pas
d'hygicxie. Les detenus couunuiiiquent l'ibrement entre eus et, par lea fonetrea, memo
avec les gens du dehors."

* "temporary"; the word governs all the four forms of punishment mentioned
immediately after it; imprisonment, however, is anyhow only a temporary punishment.

3 " category," lit. " kind." It moans " degree of gravity."

* " determinate," more literally *' limited " or " definite.*' In this Code there are
a number of instances of these " determinate " penalties which permit of no discretion
on the part of the Court in passing sentence : the idea is not a good one. For perhaps
the worst example of the " determinate " ponalty see Art. J74, under the provisions of
which a person found guilty of unpremeditated homicide must be sentenced, no matter
what the attendant circumstances, to fifteen years kyurek.

s " degrees." This is just tho opposite of what is meant by " determinate." For
example, see Art. 198, under the provisions of which a person found guilty of an indecent
offence with violence may receive a sentence of from three to fifteen years kyurek.

6 tt condition and place,*' i.c , condition of an exile and placo where tho exile is being
undergone.

The French rendering gives " 1'etat " and " l'endroit/* ; Walpole uses "position"
and "place"; Nicolaides translates as "»/ Karavraeig" and " ™ ftiptu"

' " requirement of tho law.'* This only means tho penalty which tho law prescribes.
Nicolaides translates as " m Star dine too yopou."

8 " the circle of their imprisonment shall be narrowed by prevention from communi-
cation and intercourse." Tho French rendering parophrasos thus, " sont infliges de
r^clusion , Cette reclusion sera un parfait iaolcment et sera expir6 do la maniere

la plus austere." Nicolaides has a much better rendering ; " Tore avayoptfarai rcaaa
a\Aif\oy(>a^>ia nvruiv ,-<u nryKQivbtvia . *r«i wfpiopiijtrm 6 KVK\ogri}q pvKcuetotwQ avrCtv?'

•Tho now Art. 8 dated 6 Jemazi*al-Akhir, 1329=4th June, 1911, in effect repeaU
this addendum to Art. 7 (vide infrd).

10 OTTOMAN PENAL CODE.

Art. 8. — Except where determined by the law 1 the punish-
ment with regard to recidivists 2 is awarded in twofold. 3

Art. 8 Notes. — ' " Except where determined by the law." This simply means
" unless the law otherwise enacts in any case."

3 " recidivists." The word quite literally means " repeaters " and thero is no doubt
that the article is only intondod to apply to persons who commit more than once the
same sort of offence, such as two thefts. lb does not apply to a person who first commits
on offence such as a Jinayet and then afterwards another Jinayet of another sort :
tho second offonco needs to bo not of tho same category of gravity but of the same
nature as the first.

Sami, however, states that the Ottoman Courts in practice hold that double penalties
can bo inflicted either in cases in which the second or subsequent offence is of the same
sort as the first, or in those in which the first offonce is graver than the subsequent one.
This practice may be based on common sense but the article does not seem to warrant it.

Tho French rendering paraphrases thus, " Sauf lea oxoptions detorminees par la loi,
la r6cidive entrame le double de la peine a laquelle le rccidiviste a ete condamn£ la
premiere fois " NieoJaides translates. " hereto r£v viro rov t'6 t iov opiZopkwv *-£fun , rw<rtw*' !

The French Code P6nai is different and elaborate ; see Chapter IV. Des peines de
la recidive pour crimes et d£lits.

The Cyprus Courts have had under consideration the precise meaning of this articlo
(vide Cyprus appendix, post).

* " in twofold " *.*., ** double.'

Art. 8 was repealed and the following new article (dated
6 Jemazi'ul-Akhir, 1329 ~ 4th June, 1911) substituted: —

The provisions concerning recidivists are applied and carried
out in manner following. 1

If a person, after he has been finally sentenced to one of
the deterrent 2 punishments, commits, during the period of
his punishment or within ten years after having completed
his period of punishment or after the punishment shall have
become nullified 3 through one of the legal causes, an offence
calling for the punishment of perpetual kyurek and if his
previous sentence was also the punishment of perpetual
kyurek, he is put to death. If he commits an offence
calling for the punishment of perpetual exile, he is punished
with the punishment of perpetual confinement in a fortress.
If the second offence calls for the punishment of perpetual
confinement in a fortress, the person who is the recidivist
is sentenced to kyurek in perpetuity.

If the second offence calls for the punishment of temporary
confinement in a fortress or of temporary kyurek, the punish-
ment which the perpetrator will incur 4 is awarded in two-
fold, and, where necessary, the fifteen years which is the
maximum of these punishments may be raised to its twofold.

If the person finally sentenced with the punishment of im-
prisonment for more than one year commits the same Junha
within five years either before the carrying into effect 5 of the

OTTOMAN PENAL CODE. U

punishment, or during the period of punishment, or after he
has completed his period of punishment, or after the punish-
ment shall have become nullified 3 by one of the legal
causes, he is sentenced with the maximum of this punishment,
and, where necessary, the maximum of these punishments is
raised to as much as its twofold.

If the person finally sentenced with the punishment of
imprisonment for less than one year commits the same Junha
within five years, either before the carrying into effect 5 of the
punishment or during the period of punishment or after the
punishment shall have become nullified 3 by one of the legal
causes, he is sentenced to imprisonment for not less than the
twofold of the period of punishment to which he was pre-
viously sentenced, and not exceeding the twofold of the pun-
ishment which he will incur. 4

In Junhas the acts of forgery, theft, swindling, abuse of
confidence are deemed to be the same offence when repeated. 6
The basis in repetition is the emanation of the previous con-
viction from Courts of Justice. 7

To the above new Article the fol.owing notes may bo added -. —

1 "'in manner following '* lit. " within the circle of the following modes."

* " deterrent " ; vide Art. 3.

■ " nullified M lit. " fallen down " or " lapsed."

* " incur w lit. " be deserving of."

6 "carrying into effect" lit. "enforcement."

* " when repeated " lit. ' ; in repetition."

' Tt will be observed that this new Art. 8 practically repeals the addendum to Art.
7, dated 18 JemaziHiI-Kwel. 1281 (17th September, 1867).

Art, 9. 1 — The award, ordering, and carrying out of these
punishments do not at all prejudice any rights or compen-
sation 2 claimed by suitors at law 3 against perpetrators of
Jinaycts, Junhas and Qabahats.

Abt. 9 Notes. — * Compare Art. 10 of the French Code Penal. Art. 10. ''La con-
damnation aux peinee etablies par la loi est toujoura prononc6o sans prejudice des
restitutions et dommages-infcerets qui peuvent Otro dus aux parties."

Nicolaides translates the article thus : " 'II mtuSoXj} xai i/ icr£Xc<rt£ ru»i> ir<nvvv ovSoKus
Tapa-}\an7vvoi r«l 5tKO*Wf*aT<t Ttiv jroXtrucii*' %y<tyovrviv iza\ ra$ jrepi drTO^qfitu/oeuj^ JunurftVttC
avT&v xard ruiv £i«7rpa£«vru»' KaKoe'py/j/aa, Tr\jjnftt\iiiiii, ii ffituffptA n."

* " rights or compensation." The rights or compensation here reforred to are not the
same as those reserved under Art. 1 of this Codo : :'.(,., they are not personal rights for
which Qisas or ITiyeb can, under the Slier', be claimed. The rights or compensation
referred to in this Article (9) are those which btc recoverable otherwise than by
way of Qisas or Diyot and are not Sher' rights at all but ore righta under Nizam law
or recoverable in the Nizam Courts. Examples of such are claims for compensation
for injury to property such as are found and particularized in many of the articles
of the Mejelle ; claims for expenses incurred in going to and from the Court and
consequent loss of time and so forth- Good instances of th» sort of rights or compensa-
tion which are reforred to in this Article (9) may be seen in the contents of Arte. 890,
Ml, 812, 913 and 922 of the Mejelle.

* " suitors at law " lit. " owners (or ' men *) of suits at law."

12 OTTOMAN PENAL CODE.

Art. 10. 1 — If, together with fine, the restitution of stolen
properties and compensation etcetera 2 are awarded, the stolen
properties and the compensation are recoverable first of all.

Art. 10 Notes. — ' Compare Art. 54. of tho French Code Penal. Art. 54. " En caa
de concurrence dp 1* amende avec Ics restitutions et lea dommages-int£rets, stir lea biens
insuffisants du condamne, cos derniores condomnotions obtiendront la preference."

B " etcetera is the rendering of the Arabic words ve sayire" " which might also
be translated " and go forth." Nicolaidos translates as *' nai Xonra.'* Tt is an unsatis-
factory expression to occur in a law as it lacks precision as to what it would include.

Art. II. 1 — Judgments of the law drawn up relative to fine
and restitution of stolen properties and compensation and
interest and other expenses are, in case of the refusal of the
sentenced person, enforced by imprisonment and pressure. 2

Art. 11 Notes. — ' Compare Art. 52 of the French Code Penal. Art. 52. " L 1 exe-
cution dcs condamnations a 1' amende, aux restitutions, aux dommages-interots ot
aux frais, pourra etre poursuivi© par la voie de la conlrftinte par corps."

* " pressure M an Arabic word " tazyiq " which is translated by Bedhouse as
1. A making very narrow. 2. A squeezing and pressing severely. 3. A making very
tight. 4. A cross questioning, threatening or torturing in order to extract information.
5. A reducing a besieacd place to straits. Tt here realty means only imprisonment
and not any form of torture as might be at first sight supposed.

A new Art. 11 was enacted on 6 Jemazi'ul-Akhir, 1329
(4 June, 1911). The text of the new article is as follows : —

The payment of expenses of trial accrues to the person
against whom sentence is given. Several persons sentenced
on account of one offence are sureties to one another in the
restitution of properties, giving of compensation and paj r ment
of expenses of trial, on condition of having the right to have
recourse to one another for his own share. 1 The suretyship
to one another of several persons sentenced by one judgment
on account of diverse offences concerns only the expenses
of trial of the offence leading to 2 a joint conviction. 3

To the abova new Article the following notes may be added :—

1 *' on condition of having tho right to have recourse to ono another for his own
share." Tlus means that if one of the sentenced persons has paid the whole or more
than his share of the expenses he can demand from the other sentenced persons their
proportion of what he has paid above his own share.

a " leading to " or " resulting in.'*

3 This new Article repeals Art. 46.

Art. 12. 1 — In matters relative to Jinayet or Junha the
punishments of being taken under supervision by police
officers 2 and of inflicting fine and of special seizure 3 of goods
which are the product of a Jinayet or Junha or of articles
which have been used or were about to be used in the com-
mission of a Jinayet or a Junha may also be awarded and
ordered conjointly. 4

OTTOMAN PENAL CODE. 13

ART. 12 Notes. — ' Compare Art. tl of the French Code Penal. Art. 11. " Le
renvoi sous la surveillance special© de la haute police, 1' amende et la confiscation. speeiale,
soit du corps du delit, quand la propricto en appartiont an condamne, soit des choaes
produites par le delit, soit de celles qui ont sorvi ou qui ont et6 destinies a le eommettr©!
gont des peines communes aux matieres criminelles et correctionolleg.*' Nieol&ides gives
a good translation though there is one unfortunate- error, the word " y SiifiovUvats **
(publication) being used instead of " 7 JM/fWUFtc " (confiscation=seizure) — no doubt a
printer's error.

The French rendering transposes the Turkish text thus ; " La renvoi sous la
surveillance sp&nale de la police, l'amende et la confiscation sp^eiale, soit des chores
produites par le crime ou delit, soit de cellos qui ont servi ou qui ont 6te destinees a
le commettre. sont des peines qui pouvent otro prononc6es cumulativoment en matiere
eriminelle ou correctionalle."

2 " beine takon under supervision by police officers." For details of the nature of
police supervision see Art. 14. It may be here noted that subjection to police super-
vision is only permitted to be imposed as a penalty in certain cases which are mentioned
in the Code.

3 " special seizure'* Here, again, confiscation or forfeiture of things which come
under the cognisance of a Criminal Court, cannot bo ordered except in those oases
which are prescribed by the law. Examples of such instances of " special seizure"
may be seen in Arts. 68 and 60, the addition to Art. 166, 240.

4 " conjointly." Jt means ll all together,'* ue„ simultaneously. Of course the
particular penalties mentioned in this Article are quit© indepondent of and have no
connection with but are additional to tho regular penaltv proscribed by the law when
a Jinayet or Junha has been committed.

Art. 12 was repealed and a new Article substituted therefor
on 6 Jemazi'ul-Akhir, 1329 (4 June, 1911). The text of
the new Article is as follows : —

In matters relative to Jinayet or Junha the punishments of
being taken under supervision by police officers, and seizure of
articles which are used in the offence or arc prepared for use
in the offence or have proceeded from the occurrence of
offence, if they do not belong to persons who are not
accomplices in the offence, may also be awarded and
ordered conjointly.

Articles, the manufacture, use, carrying, keeping, sale or
purchase of which constitute an offence, are absolutely
seized and confiscated even though there may be no penal
conviction or the said articles may not belong to the per-
petrator of the offence.

Art. 13. 1 — Persons who have dared to commit a Jinayet
or Junha calculated to disturb, either internally or externally,
the tranquillity of the State are, after completing the period
of punishment to be determined by law, absolutely 2 taken
under police supervision.

Art. 13 Notes.—' Compare Art. 49 of the French Code Penal. Art. 49. " Devront
etre renvoyes sous la infiine surveillance ceux qui auront et£ condamn6a pour crimes
ou debts qui interessent la surety inteneure ou extoneuro dc J'Etat. '

2 "absolutely" i.e., always.

14 OTTOMAN P3NAL CODE.

Akt. 14. 1 — To bounder police supervision consists of not
to be able to reside in the places which shall be determined
by the State ; and in having to determine and declare the
place where one will reside and the places through which one
will pass until one goes thither - the same to be noted in one's
permit of way 2 ; and on one's arrival at such place 3 to be
obliged within twenty-four hours to notify one's arrival to
the Government, and in case one has to go from there to some
other place, to notify the Government three days previously
and take out a new permit of way 4 ; and if one does not
conform with the aforesaid conditions, one is punished by
imprisonment not exceeding one year.

No person is taken under police supervision unless it is
necessary by law. 5

Art. 14 Notes.—' Compare Arts. 44. 45 and 50 of the French Code Penal Art. 44.
" L'effet da renvoi sous la surveillance de la haute police sera de dormer au Gouvern?-
mont !e droit de determiner certains lieux dans lesquels il sera interdit au condamne de
parnttre apr£s qu'il aura subi sa peine.

En outre le condamne devra declarer avant sa mise en liberty le lieu ou il veut titer
an residence ; il recovra une feuille de routo r6glant I'itineraire dont il nc pourra s'^carter
et la dur^e de son s^jonr dans chuque lieu de passage. Tl sera tenu de se presenter,
dans le vingt-quatre heures de son arrivee, devant )e roaire de la commune ; il ne
pourra changer do residence sons avoir indique", trois jours A 1 avonce, a oe fonctionnairc,
le lieu oil il so propose d'aller habitor. et sans avoir re;u de lui une nouvelle feuille de
route." (Loi, 28 Avril 1832.)

Art 45. "En cas de desobcissance aux dispositions preterites parl'arfciel© precedent,
l'individu mis sous la surveillance de la haute police sera ooiidamnA, par les tribunaux
eorrectionels, A un emprisonnement qui no pourra evo&der cinq ans." (Meme loi.)

Art. 50. Hors 1©9 cas defcermin6s par les precedents articles les condamnes ne soront
places sous I& surveillance de la haute police de l'Etat que dans les cas ou une disposition
particular© de la loi I'aura perrnis." (Loi, 19 Fevrier. 1810.)

The details of the French n 1' interdiction do sojour " have been in later years much
altered but Art. 14 of the Ottoman Penal Code is clearly taken from the French Articles
quoted above.

1 " permit of way,' vide note 3 to Art. 156.

3 " such place.'" This means only the place of residence. A person under police
supervision would not have to notify his arrival at each place on the way to the place
where he was poinp to tako up his residence.

4 permit of way," «*<?*. note 2 above.

5 For instances in this Code in which police supervision is prescribed vidi Arts. 13,
40, 64, 65, 147 and 151.

Art. 15. 1 — The punishment of every Jinayet and Junha
and Qabahat is effected in accordance with the law and
regulations 2 in force at the time when it 3 is brought to light
by the Government or when the complainant makes his
appearance, and such punishment is not effected in accordance
with a subsequent law, 4

Abt. 1J> Notfs. — 'Compare Art. i of the .French Pods Penal. H Nul contravention.
nul delit, nul crime ne peuvent £tre punis de peines qui n'etaient pas prononcees par
la loi avant qu'ils fussent comrnis.'*

OTTOMAN PENAL CODE. 15

The French rendering reads : " Lee crimes, debits ou contravention soront punis en
vortuc dos lois en viguour au moment dc leur constatation par l'outorite ou de In deposi-
tion d'une plointe ; aucune loi rendue post6rieurement a eotte date ne pourra leur 3tre
applicable." The word " constatation " should no doubt hero bo read to mean " oscor-
tainnicnt " but Walpole unfortunately misreads the French and writes '* at the time at
which such offences are proved before the Court or at which the charge is made.'* Nico.
laides correctly translates tho passage thus : "/enra rbv vo(tov teal tovq <cai/oi-t<r/*ouc rove
'urxyovrac art avtcaX u#&vj vtto ri)c rfp^fje. V Karrjyyi\dtt frpoc afiTflv."

: " law and regulations." There are tour words used in thia Code in the Turkish tevt ;
" qanun " which is translated as " law "; u qanunnam6 " which is also translated as
M law or ' code " but which generally means a " cod© of laws '*; " nizam *' which is
translated " regulation " and which Kedhouse defines as " law or regulation or oot of
laws": and "nizamnam6 " which generally moans a '* code of regulations.'* "Qanun"
and " nizam " aro very ofton indiscriminately used to mean " law " in Turkish.

5 " t": *' the offence/' of course.

* " subsequent law." This means simply law which came into operation either after
the discovery of the offence by the Government or after the appearance of the com-
plainant whichever ©vent may bo first in date.

PART II.

Sets forth the details of the punishments for

JlNAYETS.

Art. 16. — Death 1 is applicable 2 to persons guilty of the
Jinayets defined in the following Articles. 3 Unless the
Supreme Order 4 which has been issued, containing the
establishment 5 of and the sentence for the Jinayet of the
criminal who shall incur this punishment and emblazoned at
its top with the resplendent tughra, 6 is first read publicly
at the place of execution that criminal is not executed.

Art 16 Notes. — ' " death." It means of course " the punishment of death."

* "applicable" lit- "current."

s '* in tho following Articles " lit. " in the articles which are written below."
4 " Supreme Order." It means an order of the Sultan

* "establishment." The word in tho Turkish text is tho Arabic " subut " which
may also be translated " certitude " or * certainty.'* AVhar is meant is a precis of
the evidence on which the condemnod person wa« found guilty.

R "tughra.** An ornamental arrangement or monogram of the name and title of
the Sultan constituting the Great Seal of the Ottoman Empire ; the Imperial Cypher
(Red house.)

Art. 17. x — The body of the executed person is, in case he
has no heirs, caused to be buried through the community 2 to
which he belongs.

Art. 17 Notes. — 'Compare Art. 14 of the French Code Penal. "Lea corps dos
supplicies seront delivr6s ft lours families, si elles lea reclament, a la charge par elles de
les faire inhumer sans aueun appareil."

Tho French rendering gives this artielo badly thus : " Lo corps du supplicie, dans
le cas o\ il n*aura pas d'heritiens pour le faire inhumer sera dolivre* a la eommunaute
a laquelle il appartiendra." Walpole follows this but jsTicolaides gives a more correct
rendering : "ro auifia tov SavartaSii'TOQ, /ti) vTrao^ovrmv K\j]poi>6fiw t> , irTatptaZerat 7rapa8iS6-
ptvov «V o Ikuvoc avifKtv t0yoc.

3 " community." The word in the Turkish text is " millet." Tt means a people or
body of persons united by a common faith, ?.c, roligion.

16 OTTOMAN PENAL CODE.

Art. 18. * — When a woman who has incurred the punish-
ment of death states that she is pregnant her punishment is,
if her pregnancy is proved to be true and has acquired
certitude, carried out after she has been delivered.

Ana?. 18 Notes. — 'Compare the French Cods Penal, Art. 27. "Si une fonime
condamnee a mort se declare eb s'il est verine qu'elle est enceinte, elle ne subira la peine
qu'apres sa dfllivrance."

Art. 19. * — Kyurek is employment in arduous services
with chains 2 on one's feet.

With regard to the person who incurs the punishment of
kyurek the system of exposal in public is also carried out ;
that is to say, an abstract of the Mazbata 3 of the tribunal
which has awarded the punishment is written in very large 4
letters ; the person to be punished is taken to a square or a
place which is public thoroughfare in the town where he is
found ; and, this abstract being placed on his breast, he is —
after being detained and exhibited to the people for two
hours there 5 — sent to the place of his punishment, chains 2
being placed on his feet. Criminals 6 who are under eighteen
years or over seventy years of age are held excused from this
rule of exposal in public.

Atit. 19 Notes. — ' Comparo Arts. 15 and 22 of the French Code Penal. Art. 15.
" Lea hommes condamncs au travaux forces soront employes aux travaux les plus
penibles : ils traineront a leurs pieds un boulet, ou soront attaches deux a deux avec
une chains, lorsque la nature du travail auquel ils seront employes le permettra."

Art. 22. " Quiconque aura ete condamno a 1'une des peines dos travaux forces a
perpetuity, dps travaux forces a temps ou de la reclusion. avant do suhir sa peine,
demeurera durant une heure expose aux regards du peuple sur la place publique. Au
dessus de sa tcto sera place un ccritoou portant, on caractoroa gros et lisibles, sos noma,
sa profession, son domicile, sa pcino ct la cause desa condamnation. En casde con-
damnation aux travaux forces a temps ou a la r6clusion, la Cour d'assises pourra
ordonncr par son arret que le condamno, s T i! n'ost pas en otat do rocidivc, no subira
pas IVxposition publique. Neaninoins. I'exposition publique no sera jamais prononeoe
a l'egard des mineurs de dix-huit ana et des septuagenaires."

Public exposal was, however, abolished in Franco by decree dated April 12th, 1848.

9 " chains " lit. " iron."

3 " Mazbata." Tn the Ottoman Courts sentences of punishment (and in Civil cases
judgments also) were formerly drawn up in the form of a report (proees verbal) which
was signed by all tho members of the tribunal who were present at the trial or hearing ;
this document was the mazbata.

< " large " Kt. " thick," " stout."

5 " there' i.e., in the public place."

c " criminals " lit. " men of Jinayet."

Art. 19 was amended by the following addendum dated
7 Zilhijjeh, 1278 (5 June, 1862). Tte text is as follows : —

Addendum. 1 — Amongst Moslems the Ulema 2 and Sheykhs 3
and Khatibs 4 and Tmams 5 and amongst other communities 6 the
clergy 7 are held excused and excepted from the rule of exposal
in public.

OTTOMAN PENAL CODE. 17

"Notes.— - 'This is an addition (rather comparable in ft way to the old Kngligh M bene-
fit of elorgy ") to the Code mado by an enactment dated June 5th, 1862.
It is printed in Nicoluides, OH Cod., p. 2423 ; Djiz-i-Kav. p. 023.

2 " Ulcma." The word here means all Moslem Clergy. Redhouse gives ; I. Learned
inon ; 9. Doctors of the Canon I aw of Islam, the corps of legal councillors of the Stat©.

3 " Sheykhs." Redhouse gives : 1, An elderly or old man; an elder; 2. A head
of a family or tribe ; 3. Ahead of a religious community ; 4. A head preacher or teacher.
Here it includes only tho third of those moaninga, e.n„ the chief of a dervish fraternity
or the abbot of a Moslem convent (Teky6).

4 " Kharihs." Redhouse gives s a public speaker ; an orAtor ; a good speaker ;
especially an official proachor who recites the Khutbe. The Khutbe is the solemn
prayer recited on tho Moslem Sabbath for the welfare of the Sultan. The word Kha-
tibs as used hero only refers to the official preachers.

& " Imams." Hed house gives : 1. A leador ; 2. A loader in public worship (not a
priest but a man instructed in his duty) ; 3. A chief ; a teacher ; a chief of a sect ;
4. A prophet. The word as here usod refers only to the- second of these meanings.

6 " communities/' Vide note 2 to Art. 17. Tho word used in the Turkish text is
here the game as in that article,

* " the clergy*' lit. " those who hold a spiritual capacity.'*

Art. 20. l — Kyurok in perpetuity is the employment of the
criminal after his exposal in public in arduous services until
his death, with chains 2 on his feet, in places to be determined
by the State.

Akx. 20 Notes. — a Compare Art. 15 of the French Code Penal (vide note 1 to Art.
19 above).

* " chains " : as in noto 2 to Art. 19 above.

Art. 21. 1 — Temporary kyurek is, similarly, employment
in arduous services, after exposal in public, being bound
with irons, 2 in places to be determined by the State for from
three years to fifteen years ; but the punishment of kyurek
for under five years may also be carried out locally. 3

Art. 21 Notes. — l Compare Art. 19 of the French Code Penal " La condamuation
a la poino dos trovaux forces a temps sera prononcoo pour cinq ans au moms, et vingt
ans an phis.'" Also Arts, lfi and 22 of tho same Code (vide note 1 to Art. 19 above).

2 " being bound with irons" : " confined in ohains."

3 " locally " ht. " in their localtics." It means that in cases of a sontonco of under
five j'ears the sentenced person need not be wont bo one of the central penal stations :
e.g. j Crete (in former days), Rhodes, or other similar centre.

Art. 22. 1 — The punishments of death and exposal in public
are not carried out on the feast days of the faith and religion
to which the criminal 3 belongs.

Art. 22 Notes. — ' Compare Art. 25 of the French Code Penal. " Aucuno con-
damnation ne pourra etre ex6cut6e les jours de fetes nationales ou religieuses, ni lea
dimanchea."

a "criminal" lit. " the person guilty of the Jinayot."

Art. 23. 1 —Perpetual confinement in a fortress is the deten-
tion of the offender, until the time of his death, by imprison-
ment in one of the fortresses determined by the State.

D

18 OTTOMAN PENAL CODE.

Art. 23 Note.— 1 Compare Art. 20 of the French Code Penal. Art. 20.
" Quiconque aura ete condemn^ a la detention sera renferm6 dans I'une des for-
tresses situ&>s sur Ie territoiro con Linen tal du Royanne qui auronfc 6t6 ri^termin^es
par lino ordonnanoo du Koi rendue dans la forme des xeglernents d' administration
publique. II communiquera avee Ics pcrsonncs plac6o3 dans l'interieur du lieu de
la detention oa avec celles du dehors, conformement aux regleraents de police otablia
par un ordonnanee du Roi. La detention ne peut etre prononcee pour moins de
cinq ans, ni pour plus de vingt ans, sauf les cas preVu par Varticle 33." (Loi, 28
Avril, 1832.)

Aut. 24. x — Temporary confinement in a fortress is to be
detained by imprisonment for from three years to fifteen
years in one of the fortresses similarly determined bv the
State.

Art. 24 Note. — * Compare Art. 20 of the French Cod© Penal {vide note 1 to
Art. 23 above).

Art. 25. * — Confinement in a fortress is a punishment em-
bracing the punishments of imprisonment and exile ; and the
person confined in a fortress can communicate with those
who are inside and outside the fortress to the extent permitted
by the police regulations.

Art. 25 Notjs. — l Compare Art. 20 of the French Code Penal (vide note 1 to Art.
23 above)

Art. 26. 1 — The punishments of temporary kyurck and
confinement in a fortress are calculated from the day of the
confirmation of the sentences 2 and Mazbatas. 3

Art. 26 Notes. — * Compare Art. 23 of the French Code Penal. " La dure© des
peines lemporaires coinptera du jour ou la condainnation sora dovenue irrevocable.'*
(Loi, 28 Avril, 1832.)

1 "sentences " : this is only here a synonym for " mazbatas."

8 "Mazbatas" vide note 3 to Art. 19.

Art. 27. a — Whereas persons who are to bo placed in tem-
porary 2 pranga 3 or confinement in a fortress will lose the right
of ordinary personal dealings 4 during their period of punish-
ment, a representative shall be constituted and appointed by
them with the consent of the Government to administer their
emval 5 and emlak during the said determined period ; and
something to the amount to be permitted by the special
regulations of prisons shall only be given to them by their
representative out of their 7 revenues during their period of
punishment and anything other than this shall not be given.
And, after they complete the period of their punishment all
their emval and emlak and eshya 8 shall be given back to them
and the representative who has been appointed shall give to
them the accounts of his administration which has taken
place.

OTTOMAN PENAL CODE. 19

Art. 27 Notes.— 1 Compare Arte. 29, 30 and 31 of the French Code Tonal.
Art. 29. " Quieonque aura 6te condamne u la peine des travaux forces a temps,
de la detention ou de la reclusion, sera, de plus pendant la dure© de sa peine, en -H.it
d' interdiction legale ; il Iui sera nomrn^ un. tutour efc nn subrog6 -tutour pour g6rer
et adininistrer ses biens, dans Ies formes prescrites pour lea nominations des tuteurs
et des suhrog^s-tuteurs aux interdits."

Art. 30. " Les biens du condamne lui seront remis apres qu'il aura subi sa peine,
et le tuteur lui rendra compte do son administration."

Art. 31. *' Pendant la dureo de sa poine, il no pourra lui etre remis aucune somrae,
aucune provision, aucuno portion de ses revenus."

1 " temporary " : this qualihos " confmomont in a fortress *' as well as " kyurek."
1 " I >■!■ u e ■'. " ; a corrupt Turkish word used hero carelessly as a synonym of
'* kyurek." It means " a chain and log fastened to a culprit's leg " (Redhonse)
and hence " hard labour in chains." Compare the German " prangor " ; Dutch
"prang"; Italian " branch© " ; English " brank " ("the scold's bridle"); Gaelic
" brancas " (a kind of pillory).

* "will loao the right of ordinary personal dealings '* ; this means *' is doprived
of the right of conducting his ordinary personal affairs*' ; it does not mean that he
necessarily would be physically incapable of so doing owing to his imprisonment but
that ho is not permitted to do so anyhow.

5 " omval " (pi. of " mal ) ; it means (according to Redhouse) *' possessions " ;
" effects " ; " goods " ; " riches." It also nipnns " wealth, " estate," and " anything
yioiding a revenue," henoo " public revenue " {vide not© 4 to Art. 88). It roughly
corresponds hero to the English expression " personal property." According to
Tyser'a Mojolle, p. xxxii. " a thing which tain be acquired as property."

* " emlak " (pi. of "mulk") it means (according to Redhouse) *' possessions,*'
especially " lands possessed in fee simple." It roughly corresponds hero to the English
" real property.*' But *' fee simple*' is not very accurate as no exactly equivalent
tenure is known to Ottoman law. According to Tyser's Mejello, p. xxxiv. '* a thing
of which man has bocome tho owner."

' " their." It rneaus " of tho prisoners* properties."

9 "eshya " (pi. of "shoy"); it means {according to Rodhouse) "things, effects,
goods." The word conveys the meaning of small or unimportant things : bub ia
here really unnecessary, " emval and emlak" covering everything.

Art. 28. 1 — Perpetual exile is the sending of a person
to and causing him to reside in perpetuity 2 in a place
determined by the State. In such case, the transportation 3
of his famity also to such place is allowed if he wishes it.

Aiit. 28 Notes. — l Compare part of Art. 17 of tho French Code Penal. Art. 17.
44 La peine de la deportation consistera A, 6tre transporte et A demeurer & perpe^tuite
dans un lieu determine par la loi. hors du territoire continental du Royaunie."

* '* in perpetuity"; it means, of course, "till his death."
8 "transportation" also " removal."

Art. 29. l — The punishment of perpetual deprivation of
rank and office is for the offender to be deprived in the future 2
of being in any State service great or small either directly
or by way of iltizam 3 and of enjoying rank or salary or of
wearing decorations ; and if he is a holder of rank or office
it is the removal of his rank, office and salary in the first
place.

m

20 OTTOMAN PENAL CODE.

Aet. 29 Notes. — J The punishment of perpetual deprivation of rank and office
is no doubt taken from part of that Article of the French Code Penal which defines
" La degradation civique " (Art- 34.) Part of that Article reads. " J_,a degradation
civiqu© consisto :— 1. u Dans la dc-stitution eb P exclusion dee condamncs de toufcea
fonctions, eniplois ou offices publics ; 2. " Dans la privation du droit de vote,
detection, d'eiigibiiito, et en g£n£ral dp tons Jes droits eiviqnes et politiques, et du
droit de porter aucune decoration

The " degradation civique " as defined in Art. 34 of the French Code goes further
however and includes other disabilities which are partly covered by the punishment
prescribed in tho Ottoman Code and known as ;s loss of civil rights " which is explained
in detail below in Art. 31. " Loss of Civil rights " as defined in Art. 31 of the Ottoman
Code is a larger punishment than the deprivation of rank and office in Art. 29 ; it
includes deprivation of rank and office and on tho whole corresponds fairly closely
with the French "degradation civique" (vide Art. 31 note 1 below).

* "in the future*' lit. "hereafter." Here it means of course, "from tho time of
his conviction."

* " ilUfcam " ; an Arabic word meaning " a taking upon one's self, (or ' charging
one's self with '), tho collection of a branch of tho public revenue." It is often trans-
lated as " tax-farming " or " farming of rovenue."

It refers to the system which obtains in the Ottoman Empire of selling or letting
out to the highest bidder the right to collect tithe revenues, generally ; and State
dues in particular localities.

Aet. 30. 1 — Persons with regard to whom the punishments
of perpetual or temporary kyurek, perpetual confinement in
a fortress or perpetual exile are awarded incur 2 the aforemen-
tioned punishment of perpetual deprivation of rank and office.

But where temporary confinement in a fortress has been
awarded and determined as a special 3 punishment the person
incurring such punishment also incurs the said punishment
of deprivation 4 during the period of his punishment and, if,
after the completion of the period of his punishment, it be-
comes manifest to the Government that he has reformed
himself the restoration of his qualification for entering upon
the path of service and of cmployment s becomes permissible,
but such restoration cannot be possible until after the lapse
of a time equal to one-half of the period 6 of confinement in
a fortress.

And if it 7 has been awarded in commutation of kyurek
then the person confined in a fortress incurs this punishment
of perpetual deprivation of rank and office similarly to those
who undergo the punishment of kyurek.

Akt. 30 Notes.— 1 It is stated in a note to this Article in tho Destur (Vol. 4, pp.
218 to 221) that its effeet has been amended by Arts. 463 to 478 (dealing with the
restoration of the prohibited rights of sentenced persons) of the Criminal Procodure
Law of 6 llejeb, 1296 (25th June. 1879). For the effort of thifl Article (30) vide note 2.
The French Codo Penal is more severe. Compare Art. 28 part of which reads : —
" La condamnation a la peine dos travaux. forces a tomps> de la detention, dc
la reclusion ou du banissement, exnpurtera In degradation civique. And also the
provisions (now abrogated) of Art. 18. Les condamnations aux travaux forces
a perp^tuiie &t a la ddporbation cxnportGi*ont la mort civil©.. Noanrooina lo Gou-
vernement pourra accorder au condamii6 n la deportation l'exercise Ues droits civila
ou do quelques-uns de cos droits."

OTTOMAN PENAL CODE. 21

■ tl incurred." It is impossible to state with certainty whether the Turkish text
ought to be translated so as U> indicate that the punishment of perpetual deprivation
actually and necessarily follows the imposition of one of the sentences dctailod in tho
first paragraph of the Article. Tho Turkish phrase would bear equally well the tran-
slation ** become liable to," " merit " or " are deserving of." Keshad the commentator
states that tho punishment of perpetual deprivation was not necessarily a concomitant
with the penalties mentioned in the first paragraph of the Article but that in practice
the punishment of perpetual deprivation was awarded together with tho punishments
referred to when the public prosecutor demanded and tho Court agreed that the
deprivation of rank of office ought, from the circumstances of the case, to form part
of the punishment.

* " special " ; this refers to cases in which the punishment of temporary confinement
in a fortress is the specific penalty actually awarded and not a penalty inflicted by
way of commutation of a more serious punishment.

1 " deprivation." Tho words " of rank arid office " are, of course, implied.

6 " his qualification for entering upon the path of service and of employment "
lit. 4< his capacity for career and employment.'* The words " for entering upon the
path of eervicc " arc in tho Turkish text represented by a singlo word which moans
" way," " road " and also " profession," " institution " " career." " Service and
employment " refer only, Of course, to State service and employment.

* " period " i.e-y tho period of the sontonco not tho term actually served.

* " it " i.e., tlie punishment.

Art. 3 1. 1 — The punishment of perpetual loss of civil rights
consists of the following matters : —

Firstly to incur the punishment of perpetual deprivation
of rank and office which is mentioned in Art. 29 ; and secondly
to be deprived of all civic 2 rights that is to say of holding an
official appointment 3 connected with tho country, 4 a com-
munity 5 or a guild 6 ; and thirdly, not to be emploj^ed in the
schoolmastership of a school ; and fourthly, not to be em-
ployed in the carrying out of investigations 7 and in case it
becomes necessary to ask one to explain a matter in a law
suit 8 one's statement to be accepted as of the effect of
simple information and to be deemed as without any effect
for the purposes of the law suit 10 and not to be able to act as
a representative 11 in a law suit 8 ; and fifthly, not to be able
to be a guardian ; and sixthly, not to be competent to carry
arms.

Art. 31 Notes.— - l This Article to somo extent follows the French Code Penal
(vide Art. 34 which rcade) : Art. 34. — *' La degradation civiquo consiato : — 1. Dana
la destitution et l'oxclu&ion des condamnes do toutes functions, emplois ou offices
publics ; 2. Dans la privation du droit du vote, d'eleetion, d'eligibilite, et en general
do tou3 Ics droits civiquos et politiques, et du droit do porter auouno docoration ;

3. Dans Tineapaeit^ d'etre jure expert, d'etre employe comme temoiii dans des actes ;
et do deposer en justice autrement que pour y dormer dt? simples ronseigneuients ;

4, Dons l'incopacito do fair© partio d'aucun consoil do famillo et d'etro tutour,
curateur, subroge-tuteur ou conseil judiciaire, si co n'est de sus prop res enfants,
et sur l'avia conforme do la famille ; 5. Dans la privation du droit de port d'armes,
du droit de fairo partio do la garde nationalc, do ecrvir dans los armee3 francaisos,
do tonir ecole. ou d'enseiencr et d'etre employe dans aucun etabliasement destruc-
tion, a tUte de prof osseur, raaitre ou surveillant." {L*oi, 28 Avril, 1832.)

22 OTTOMAN PENAL CODE.

* "civic." The word '* beledi " is rendered by Redhouse "civic; civil; municipal;
local." Tt does not here, however, refer to any Government or State functions.

* " official appointment." Horo again those words do not refer to any post hold
under the State but to positions held iu the three categories of service immediately
following.

* *" country " ; tho word " momloket " is given by Redhouso thus : " 1. Dominion ;
territory ; country ; province. 2. A town or city." The Mayor of a town would
be a good example of a post in this category.

* " community." Tho word in tho Turkish text is " millet " which has been pre-
viously explained : vide note 2 to Art. 17.

* " guild " ; the word in the Turkish text is " esnaf " meaning a body of persons
associated together. It has no roforonce to any body of porson3 connectod by religious
ties hut rather represents a class of artisans or tho like.

' "investigations." It means '* official enquiries."

' " law suit." It means " any civil or criminal legal proceedings."

* " as of the effect of simple information." This means not as legal evidence but
for what it is worth, i.e., de bene esse.

10 " without any efiect for the purposes of the law suit." It moans " of no legal
value."

11 "representative." In proceedings in the Shor' Courts it is usual for each party
to be "represented" by several friends as well as, now-a-days, by a professional
lawyer. These "representatives" are supposed to assist the party whom they
represent and no doubt did so formerly before the appearance of regular advocates.
The term " representative '* would therefore be much wider than the expression " law
agent," and includes any form of representation of another person in civil or criminal
proceedings.

Art. 32. l — The punishments of the taking away of rank
and deprivation of civil rights mentioned in Arts. 29 and 31
arc awarded sometimes together with the punishments of
perpetual or temporary 2 kyurek or confinement in a fortress
or perpetual exile and sometimes also as a special and inde-
pendent punishment.

Where it is awarded as such special punishment the punish-
ment of imprisonment not exceeding three years is also
awarded at the same time.

Abt. 32 Notes. — ■ It does not appear that as a matter of fact the Ottoman Penal
Code describes any offence for which the punishments of deprivation of rank and office
or loss of civil rights are alone prescribed. The commentator Sami thinks that the
Article is a blunder : Keshad, on the other hand, views the Article as modifying
Art, 30 in such a manner that a sentence of porpotual or temporary kyurek or con-
finement in a fortress or perpetual exile does not necessarily entail the minor penalties
of deprivation of rank and office and loss of civil rights. The Article is taken from
Art. 35 of the French Penal Code which reads thus " Toutes les fois que la degradation
civique sera prononceo corarao peine principalo, olle pourra ctre accompagntie d'une
emprisonnement dont la duroe, fixe par ParrSb de condamnation, n'exoedera pas cinq
ans. Si le eoupable est un otranger ou un fc'rancais ayant perdu la qualito do citoyen,
la peine de Pimprisonnemcnt devra tojours ebre prononc^e/*

It is probable that this Article (32) was not intended in reality to modify Art. 30
at all but simply to enunciate a plain statement that the punishment was capable
ef being awarded as a sole or separate punishment though it happened that when the
Code was completed no case occurred for which such punishment alone is provided as
a eole or separate penalty.

* " perpetual or temporary." Theso words govern both kyurek and confinement
in a fortress.

OTTOMAN PENAL CODE. 23

Art. 33. * — Summaries of the sentences of the said punish-
ments of death, or perpetual or temporary 2 pranga, 3 or con-
finement in a fortress, or perpetual exile, or taking away of
rank or privation of civil rights are made public in the centre
of the Province 4 in which the sentence is drawn up, and in the
District 5 in which the Jinayct has occurred, and in the place
at which the sentence is to be carried out, and in the locality
where the criminal resides ; that is to say — in Constanti-
nople it 6 is hung in front of the door of the Ministry of Police
and in the provinces of that of the Government Qonaq. 7

ART. 33 Notes. — * Compare Art. 36 of the French Code .Penal. Art. 36. " Tous
arrets qui porteront la peine do mort, dca travaux foroea a porpotuito eft a tornps, la
deportation, la refusion, la degradation civiqu© ot le banissement, scronfc imprimes
par extrait.

" lis seronfc affichcs dans la villo contralo du doportomont, dans colls oil l'arret aura
et6 rendu, dans la commune du lieu oil le del it aura ete commis, duns cello oil se fern
l'execution et dans cells du domicile du condamne."

a M perpotual or temporary. 1 ' Thoao words govern both ll pranga " and confinement
in a fortress.

» " pranga " (vid*. note 3 to Art. 27).

* Tho word is "Eyalot" which moans an adnainistrativo area under a Vali or
Mutosarrif.

6 " district.' The word is " Qaza " which means an Administrative district under
a Qaym&qam.

• it " : the summary.

7 " qonaq '* lit. a " halting place/* generally a " mansion. " Tt means the Governor's
residence or office, i.e., the headquarters of the Executive authority.

PART III.

SETS FORTH THE DETAILS OF THE "PUKTSHMENTS RTCTiATING TO

JUNHA AND Q.ABAHAT.

Art. 34. 1 — Thepunishment of imprisonment is to be detained
in the State prisons during the sentenced period, and the period
of this punishment of imprisonment is from twenty-four
hours to three years at the utmost reckoned from the date of
the entrance of the offender to the prison.

Prisoners of this category are made to occupy themselves
according to the rules and regulations determined by the State
and to their condition 2 and with suitable work for which
they have an aptitude.

Art. 34 Notes.—' Compare Art. 40 of the French Code Penal. Art. 40. " Qui-
conque aura et£ condamne a la peine d'emprisonnemont sera renform£ dans un maison
de correction t il y sera employe & L'une des travaux otablis dans eotte maison solon
eon choix. La duroe de celte poino sera au inoina de six jours ot de cinq annees &u
plus ; sftuf les cas de recidive ou autros oil la lui aura determine d'autres iimitos. La
peine a un jour d'emprisonnenent est de vingt-quartre heures : Cetto a mo'is est de
trento joura."

1 " condition." This would include aye, state oi health and general capacity.

24 OTTOMAN PENAL CODE.

Art. 35. l — The punishment of temporary exile is for one
to be banished 2 for from three months to three years by being
sent away from the place where one is found 3 to another place.

Art. 35 Notes. — *Ifc will be obaorvod that there is no oxact parallel between tho
temporary exile of the Ottoman Penal Code and the bauissement " of that of France.
Art. 32 of the latter reads " Qu icon quo aura 6te condamne au bimnissemont sera
transport6, par ordrc du Couvoruoment, hors du torritoiro du Royaumo. La duree
du bannissemexit sera au moiiis do ciaq annees, et da dix ans au plus."

The parallel between tho perpetual e^rile of the Ottoman Penal Code and the
11 doportation " of tho French is much elosor (vide Art. 28 noto I above).

a " banished." The expression in the text is an Arabic word " ta^hrib " meaning
literally " a making or lotting become a stranger ; ft banishment." The phrase does
not mean that the exiled person has to leave the Ottoman dominions but only that
he is despatched to some place away from his own abode. The .Islands of Cyprus,
Crete and Rhodes were amongst the localities to which oxiles were banished.

• " whero one is found." This is quito literal. It might be simply translated
" where one is."

Art. 36. — The punishment of dismissal from office is the
removal from their office, according to the provision of the
Penal Code, of those who are holders of office and the discon-
tinuance of their salaries special 1 to office ; and the period of
dismissal is from three months to six years, that is to say,
those who incur this punishment cannot enjoy any office or
salary during the period of their punishment. Those who are
not holders of office cannot similarly enjoy any office or
salary on incurring this punishment, during their period of
punishment.

Art. 30 Note. — l " special" it means "attached to" or "peculiar to."

Art. 37. — Fine 1 is the taking of money from a person as
determined by the law. 2

Where both imprisonment and a fine are awarded against
a guilty person and he cannot pay the fine by reason of his
inability 3 his period of imprisonment is extended by adding 4
one-half of the term, of his imprisonment ; and if only a fine is
awarded and he cannot pay it he is put in prison for a period
of from twenty-four hours to three months according to the
amount of the fine.

Art. 37 Notes. - ! " fine " lit. "pecuniary punishmonfc."

• " by the Jaw," i.e., by the Penal Code.

• " inability," i.e., of course " inability to pay."
' " adding " ; tho word " thereto " is implied.

Art. 37 was replaced by a new Article dated 6 Jemazi'ul-
Akhir, 1329 (4 June, 1911) of which the text is as follows : —

" Fine 1 is the taking of money from a person as deter-
mined bj' the law. 2 If the person who is sentenced does not
or cannot pay the awarded amount within two months from

OTTOMAN PENAL CODE. 25

the date of service of notice upon him, the unpaid fine is, after
a hearing, 3 converted into imprisonment, one day's imprison-
ment being reckoned as substitute for a quarter Lira or the
fraction of a quarter Lira. But if the person against whom
sentence has been given pays the remaining amount after
deduction of a quarter Lira according to the preceding
paragraph for every day during which he has remained in
prison he may annul the punishment of imprisonment standing
in lieu of the fine; but the term of imprisonment may not
exceed one year. 4

To the now article the- following notes may bo added : —
1 " fine," as in note 1 to thft original Art. 37.

* " by the law," i.e., by the Penal Code.

* " after a hearing " lit. " by hearing," " by trial."

4 It should be noted that this now Article repeals the original Art,. 39 aa well as
original Art. 37.

Art. 38. 1 — Some portions 2 of the punishment of loss of
civil rights mentioned in Art. 31 may also be ordered con-
jointly 3 by the Courts which have to 4 award a punishment
relative to Junha.

Art. 38 Notks.— * This is not a very lucid Article and contrasts very unfavourably
with that corresponding in the French Cod© Penal (Art. 42 detailed below) which
is quit© clear and from which, no doubt, the general idea was taken by the Turkish
draftsman in preparing Art. 38. According to Sami the intention of Art. 38 is that
in Junha caeca tho Court may sentence an accused person to one or more of the dis-
abilities detailed in Art. 31 but nob to all. Very probably this is the proper view
which should he taken of this Article. The French rendering gives this clauso thus.
Art. 38. "Log tribunaux jugoant eorroctionellomont pouvent prononcer au memo
temps que les peines specifies plus haut, une partie des interdictions enonceoa &
l'axt. 31."

Nicolaides thus : —

iTTifiaKwoi ovyxaoywQ KtU n\v airwXtiav XoktTwvv rwuir PiKoiw^«r«i/ tic rutv duiY(Ht$o-
usvmv tic ro 31 apOfwv."

The French Code Penal runs: -Art. 42. t: Los tribunaux jugeant correctionelle-
inent pourront, dans certains wis, interdire, en tout ou on partie, 1' exercise dea
droits civiquos, oivils et do famine suivants : 1. i>e vote et d' election; 2. D'6IigibiKte;
3. D'fitre appelo ou noramo aux fonctions do juro ou autrcs fonctious publiques, ou
aux emplois do 1'administration, ou dexercer ops fonctions ou emplois ; 4. Du port
d'armos j 5. Do voto ©t do suflrag© dans lea deliberations do famUle j tt. D'&tre
tutour, curateur, si ce n'est do ses enfants et sur 1'avis seulement de famille ; 7. D'etre
export on employA comme temoin dans les actes ; 8. De toraoinage en justice,
autrcment que pour y fairo do simples declarations."

" Art. 43. Lea tribunaux ne prononaerant Tinierdietion mentionnee dans l'articlo
precedent, quo lorsqu'ello aura cto autorisco ou ordonnco par uuo disposition parti*
culiere do la loi."

1 " portions " lit. "matters," " points," "articles," "subjects."

* " conjointly " ; it means " together with a punishment which may be inflicted
in the ease of a Junha."

* " which have to " ; it means " which are empowered to."

26 OTTOMAN PENAL CODE.

Art, 39. 1 — Fine, is awarded as appertaining 2 to the
Treasury of the State : and if a guilty person, after completing
the period of his punishment and if he is imprisoned for
about 3 six months 4 owing to his not paying the fine, proves
that he is unable to pay the fine he is temporarily released.
If this imprisonment for fine is relative to matters of Qabahat
it 5 will not be more than three months, and as soon as in-
formation is received 6 that persons who have been temporarily
released have acquired ability 7 it 8 is taken and recovered.

Aht. 39 Notes. — * Compare Art. 53 of the French Code Penal. ** Lorsque des
amondes ot des frais scront prononcos au profit de ! El al . si, apres l'expiration do la
peine afflictive ou infamante, l'einprisomiement du condamne, pour 1' acquit de cea
eon damnations p6cuniaire3, a dure una annee complete, il pourra, sur la preuve
acquise par lee voios de droit, de son absoluo insolvabilito, obtonir, ea liborte proviaoire."

" La duree de remprisonnoment sera reduite a six mois s'il s'agit d'un d6lit, sauf,
dans tous les cas, a reprendre la eontrainte par corps, s'il survient au condamne queUuM
moyen do solvability."

1 " appertaining " or " accruing, 1 * c> belonging."

3 " about " or " as much as " • it means " not exceeding."

1 "six months" ; the period is of course additional to the punishment to which the
offender may have been sentenced for his offence itself.

• *' it " : the imprisonment.

• ''received" ; it means "by the authorities."
T " ability " ; it means " ability to pay.**

8 " it," *.«., the fine.

Art. 39 is affected by the new Art. 37 dated 6 Jemazi'ul-Akhir, 1329 (4 June,

1911) g.v. suprd.

Art. 39 was replaced by a new Article dated 6 Jemazi'ul-
Akhir, 1329 (4 June, 1911) of which the text is as follows : —

Detention which has taken place before the delivery 1
of final judgment is deducted from the period of the punish-
ment awarded. If punishment of exile has been awarded
regarding the sentenced person one day's detention is deemed
equivalent to five day's exile ; and if only a fine has been
ordered, the fine is counted and deducted within the circle
of proportion 2 indicated in Art. 37.

To the new article the following notes may be added ; —
1 " the delivery " lit. " the joining on."

8 " the circle of proportion " ; this is quite literal, it moans, simply. " according
to the scale."

PART IV.

Sets forth the circumstances which serve or not as
ground for excuse 1 or responsibility 2 and which
necessitate liability to punishment.

• " excuse." This means grounds which serve to excuse the offender from legal
liability for his offence.

• " responsibility." This means tho exact rovorao of t% excuse."

OTTOMAN PENAL CODE. 27

Art. 40. x — An offender who has not attained the age of
puberty 2 is not liable to the punishments prescribed for 3
the offence which he has committed and if he is further not
a person possessed of the power of discernment he is given
up to his father, mother or relatives by being bound over
in strong security. In case no strong security is produced
by the father, mother or relatives he is put in prison for a
suitable period through the instrumentality of the police for
self reformation.

But if such offender who has not attained puberty 4 is
murahiq 5 that is if he has committed that offence deliberately
by distinguishing and discerning that the result of his action
and deed will be an offence, if his offence is of the category
of Jinayets calling for the punishments of death or perpetual 6
kyurek or confinement in a fortress or perpetual exile he is
put in prison for a period of from five years to ten years for
self reformation ; and if it is an offence necessitating one of
the punishments of temporary kyurek or temporary confine-
ment in a fortress or temporary exile he is likewise .put in
prison for a period equal to from one-fourth up to one-third
of the period of the punishment called for by his offence ;
and in both these cases he may be taken under police super-
vision for from five years to ten years ; and if his offence
necessitates the punishment of deprivation of civil rights he
is similarly imprisoned for reformation for from six months
to three years ; and if his offence is one necessitating a
punishment less severe than the punishments mentioned 7 he is
similar^ imprisoned for reformation for a definite period
not exceeding one-third of such punishment.

Art. 40 Notes. — l The effect of this Article is difficult to follow unless one is
acquainted with the somewhat cumbrous method ad op tod in Ottoman jurisprudence
for arriving at the legal status of juveniles.

The Mejalle thus defines the age of puberty.

Art. 985. The time of puberty ia provod by the emission of seed in dreams and the
power to make pregnant, and by the mensual discharge and power to bocomo pregnant.

Art. 986. The beginning of the time of arrival at puberty is, for males, exactly
twelve years of age, and, for females, exactly nino years, and tho latost for both is
exactly fifteen years of age.

And if a male, who has completed twelve, and a female who has completed nine,
has not reached a state of puberty, until they reach a state of puberty, they are called
"murahitj" and *' murahiqa."

Art. 987. A person in whom tho signs of puberty do not appear, when ho has reached
the latest time for arrival at puberty (Art. 986) is considered in law as arrived at the
age of puberty.

The effect of Art. 40 may be thus summarized :

A. A child (in the case of a male under 12 years uld and in the case of a female under
9 years old) is regarded a? unable to distinguish between right and wrong and is
punished for an offence by being bound over on suitable recognizances or failing
recognizances by reformatory treatment in prison.

28 OTTOMAN PENAL CODE.

B. A child who is in the case of a male of 12 years bub not o£ 15 years of age and
jn fch© case of a female of years but not of 18 years old and who is not in a physical
state of puberty is murahiq or murahiqa and it 13 then a question of fact whether ot
nob such cluld has the c&pacit}- of di&tinguishmg between right and wrong. Such
a child having such capacity is punished for an offence by the mitigated penalties
prescribed in tho Article , such a child not having such capacity is punished for an
offence as one fulling undor tho category described in A above.

" Murahiqa " : feminine of " murahiq."

In the practical application of this Article a very important alteration has been
effected by on Official letter emanating from tho Ministry of Justice dated 7 Sefer,
1291 (26 March, 1874) of which tho context if as follows : —

" Males and females who have not completed the age of 13 years shall bo regarded
as infants whilst offenders who are just over the age of I s ) if their puberty cannot
be established shall be doomed to be murahiqs with discernment."

The text of this Circular is given by Nicolaidcs, OH Cod , pp. 2428 2429 and in
Djiz-i-Kav, p. 929. For the Turkish text vi<U Qavanm-i jeeaiyob inejinuasi, p. 16.

The effect of tins official instruction on Art. 40 is that all individuals who have not
completed tho ago of 13 years whethor they havo in fact reached puberty or not are
to be legally regarded aa without the power of distinguishing between right and
wrong, whilst individuals who although just over fifteen years of age aro not proved to
have reached puberty shall bo regarded as murahiq or murahiqa with capacity of
distinguishing between right and wrong

" Just over " mnans " who have not completed the age of."

The corresponding sections of tho French Codo P6QB1 may be compared.

Art. 66. " Lorsque ]'accuse aura moms de seize ana s'd est decide qu'il a agi sans
dtscernernent il sera acquitt^ • mais il sera selon les circonstances, rernis a ses parents,
ou conduit dans uno moison do correction, pour y otro elevo ct detenu pondant tel
nombre d'aunces que le jugernent delerminera, et qui toutefois no uuurra exceder
l'epoque 011 il aura accompli si vingtieme annee."

Art 67. " S'il est decide qu'il a agi avec dt*cemement les peines seront prononceea
amsi QO*il suit .-—

" S'd a encouru la poine de mort, des travaux forces a. pcrpotuito, do la deportation,
il sera condaiuno a la peine de dix a vingt ans d'empnsuunement dans une maison
de correction.

*' S'U a encouru la peine des travaux forces a temps, de la detention ou de la rcclusion,
il sera condemns a etre renferm6 dans ime maisoii de correction, pour uu temps 6gal
au tiers au morns et a la moitie au plus de cehu pom - lequel il aurait pu otro condamno
a Tune do cee pemes.

*' Dans tous les cas, il pourra etre mis, par I'arret ou le jugernent, sous la surveillance
de la haute police pendant cinq ans au moms et dix ans au plus.

41 S'd a encouru la pome de la degradation civiquo ou du bannis°omonfc il aora
coudainne a etre enferme, d'un an a cinq ans, dans une maison de correction."

Art. 68 " L'mdividu, age de moms do seize ans, qui n aura pas do complices presents
au-dessu*5 de cefc age, et qui sera prevenu de crimes aulres que coux quo la loi punit
de la peine de mort, de eelle dw travaux fore&s a perpetmto, de la peino de la d6porta-
tion ou do collo do la detention, sera jugo par les tribunaux corroctionneb qui so con-
fonneront aux dtxix articles ci dessus "

Art. 60. "Dans tous les cas on le mmeur de seize ans n'aura commia qu'un simple
debt, la peine qui sera prononcee contro lui nc pourra s'elever au dessus do la moitie
de celle a laquelle il aurait pu etre condamno s'll ftvait eu seize ans."

It is understood that there are no reformatory institutions as yet m the Ottoman
Empire so that the practical utility of much of this article is nugatorv.

* " puberty " : an Arabic word " buhigh " meaning " a reaching ; an attaining " ;
hence " a reaching tho ago of puborty " and simply " puberty/'

8 *' prescribed for*' ht. "accruing to."

« "not attained puperty." The word " nabahgh " 19 used which is strictly tho
negative of " bahgh " and means " not actually in a etabo of puberty "

OTTOMAN PENAL CODE. 29

5 *' rour&hiq vide noto 1 to this Article and further as follows : —
Murahiqs tire divisible into two classes :

(a) Those who have the capacity of distinguishing between right and wrong.

(b) Thopo who have not. A murahiq of elasR (a) is dealt with as provided in the
oecond part of Art. 40, i.e., he suffers less severe punishments than those proscribed
for adults.

A murahiq of class (6) is dealt with as if he had not reached the age of puberty.

Both of theso propositions howovcr must he qualified by tho Official Circular of
the 26 March. 1874, quoted above.

•' perpetual " ; this governs both kyurelc and confinement in a fortress.

' * 4 if the offence ie one necessitating a punishment leas sever© than tho punishments
mentioned " lit, " if the offence is under {or ' short of ') the punishments mentioned."

Art. 40 was recently (6 Jemazi'ul-Akhir, 1329=4 June,
1911) repealed and a new Article issued of which the text
is as follows : —

Those who hare not completed the age of thirteen years
at the time of committing an offence are deemed to be devoid 1
of the power of discernment and are not responsible 2 for
the offence they commit, but are given up to their parents
or relative or guardian by judgment 3 of a Junha Court and
by way of taking recognizance from them, 4 or they are sent
to a reformatory for training or detention for a period not
to extend beyond their 5 age of majority. If opportunity is
afforded through negligence in care or supervision to children
given up to their parents or relative or guardian by recog-
nizance, to commit an offence before completing the age of
fifteen years, a fine of from one Lira to one hundred Liras
is taken from those charged with their care.

With regard to those who. at the time of committing an
offence, have completed the age of thirteen years but have
not finished the age of fifteen years punishment is ordered 7
with regard to them, on account of tho offence committed
by them, in manner following : —

Tf his offence is of the category of Jinayets calling for the
punishments of death, perpetual kyurek or confinement in
a fortress, or perpetual exile he is put in prison for self re-
formation for from five years to ten years ; and if it is an
offence necessitating the punishments of temporary kyurek,
temporary confinement in a fortress, or temporary exile he
is likewise put in prison for self reformation for a period
equal to 6 from one-fourth up to one-third of the period of
the punishment called for by his offence, and in both these
cases he may be taken under police supervision for from
five years to seven years ; and if his offence necessitates
the punishment of deprivation of civil rights he is likewise
put in prison for self reformation for from six months to
three years. If it 8 necessitates a punishment less severe
than 9 the punishments mentioned he is likewise put in prison

30 OTTOMAN PENAL CODE.

for self reformation for a definite period not exceeding one-
third of the period of that punishment. If it 8 calls for a
fine, half of it 10 is deducted.

Those who, at the time of committing an offence, have
finished the age of fifteen years but have not completed the
age of eighteen j^ears arc put in prison for self reformation
for from seven years to fifteen years in cases calling for the
punishments of death or perpetual kyurek or perpetual
confinement in a fortress or perpetual exile ; and in cases
calling for the punishments of temporary kyurek or temporary
confinement in a fortress or temporal exile they are likewise
put in prison for self reformation for from one-half to two-
thirds of the period of the original punishment, and in both
cases they may be taken under police supervision for from
five years to ten years ; and if the offence is one necessitating
a punishment less severe than the punishments mentioned,
punishment of imprisonment is ordered 7 after deducting
one-fourth of the original punishment.

To the new Article 40 the following notes may be added : —

1 M devoid' or " destitute."

* " responsible,** i.e., " held responsible."
3 "judgment" i.e., "order.* 1

* " thorn," i.e., the parents, relative or guardian.

* " their " lit. " his," i,e„ of the offender.

* " equal to " lit. " as much as.*

7 "ordered" lit. "determined," or " prescribed."

* " it," i.e., " the offence."

9 " if the offence is one necessiting a punishment less severe than the punishments
mentioned " j an in note 7 to original Art. 40.
" "it," *.«., "the fine."

Art. 41. 1 — If it is proved that the offender was in a state
of insanity at the time when he committed an offence he is
held exempt from legal 2 punishment.

Art. 41 Notes. — l Compare Art. 64 of the French Code Penal. " II n'y a ni
crime ni del it, Jorsque le preVenu ctaifc on 6tat de demence au temps do Taction, ou
lorsqu'il a 6t£> contraint par une force a laquelle il n'a pu resister."

* " legal " : " prescribed by law."

Art. 42. x — If it is proved that a person has committed
an offence under compulsion 2 without his own consent at all
he is similarly held exempt from legal punishment 3 ; provided
that it is necessary that compulsion to be effective 4 in this
connection must be a circumstance which would show
according to the degrees of the offence such person to be
altogether free from any sign of guilt and a necessity which
he can not resist. Cases, such as the order of parents to
their offspring and of the master to his servant, ' which arise
from veneration and respect, are not deemed compulsion.

OTTOMAN PENAL CODE. 31

Art. 42 Notes.— 1 Compare the latter part of Art. 64 of the French Code Penal
{vide Art. 41. note 1 above). The latter — the concluding — paraeraph of Art. 42 is taken
no doubt, from a decision of the French Oonr do Cassation which reads " La erainta
reverentiollo do? enfants onvors lours pores. l'ob6issance qu'ils lour ctoivent, no pouvont
constituor la contrainte morale dont Particle 64 fait une cause do justification (10
Dee., 1842).

1 " compulsion n ; it hero means " a state of constrained necessity."
8 "legal punishment" i.e. " punishment prescribed by law."

* " to be effective " lit. " which is valid "

Art. 42 was amplified b3' an Addendum dated 6 Jemazi'ul-
Akhir, 1329 (4 June, 1911) of which the text is as follows :—

An act committed under 1 the necessity of repulsing forth-
with an unjust attack 2 taking place either on 3 one's own or
another's person or honour and impossible to guard against
is not deemed an offence.

Acts committed in self defence or for forthwith protecting
saving or recovering one's property or properties found 4
in one's safe keeping, in the course of pillage or theft
taking place with the exercise of force 5 or violence or at
thefts causing a great loss to one to such an extent 9 as to
impair one's free will and option 7 are not deemed an offence
where the repulsion of the thieves or pillagers or the
recovery of the property in other ways is not possible.

An act committed by way of carrying out the requirement
of the law or an order emanating from a competent authority, 8
the putting in execution of which 9 is necessary by reason
of duty, is not deemed an offence.

To this Addendum the following notes may be added : —
1 %i under" lit. "with."

* " attack " or " aggression."
» "on" lit. "to."

* " found," i.e... '* being."

* *' force" or " compulsion."

* ''extent" or "degree."
7 M option " or " choice."

* " a competent authority " more literally ' the proper legal authority."

* "which," i.e., the "requirement" or "order."

Art. 43. l — In legal punishments females do not differ
from males but in the modes of carrying out certain punish-
ments it becomes necessary to show regard to the peculiarity
of their condition. 2

Art. 43 Notfs. — l The Article means that no distinction is made between the
punishments to which men and women may bo sentenced oxcoot undor tho proviso.

1 " peculiarity of their condition " ; u their " refers, of course, to females ; " pecu-
liarity " would be more literally translated " speciality " and refers certainly to
pregnancy and the regular bodily weaknesses of females. Reshad states that at the
punishment of hanging a woman no part of her person is exposed ; and that a woman
undergoing kyurek is not put into chains.

A lengthy Circular instruction dated 15 Sefer, 1297 (28 January, 1880). issued from
the Ministry of Justice detailing the measures to bo taken with female prisoners who
are "confined" whilst undergoing punishment is given by Nicolaides, Ott. Cod., p. 2429.

32 OTTOMAN PENAL CODE.

Abt. 44. — Stolen property is recovered 1 from the person
in whose-soever hands it may he found but compensation
and other expenses are absolutely awarded 2 against the
perpetrator of such offence.

Art. 44 Notes — ' '* recovered " more literally "taken."

* " absolutely awarded " it means " awarded against in overy case."

Art. 45. x — In cases where there is no explicitness 2 in the
law 3 the joint perpetrators 4 in an offence 5 are punished as
is a sole 6 perpetrator of such offence.

Art. 45 Norrcs.- — 1 Compare Art. 59 of the French Code Penal. " Les complices
d'un crime ou d'on delit seront pimis de la meme peine que les aufcourg memo do ce
d£lit> sauf les cas ou la loi en aurait diypoa6 autrernent."

* "no explicitness" ; it means " no express provision."

* " law " ; it meant* hero the Penal Code

* " joint perpetrators " ; " co-perpetratorp."

* " offence M ; it is not limirod as in the French Code to the first two graver categories
of offence.

* "sole" more literally "absolute" or "independent."

Art. 45 was replaced by a new Article dated 6 Jeraazi'ul-
Akhir, 1329 (4 June, 1911) the text of which is as follows :—

If several persons unitedly commit a Jinayet or Junha or
if a Jinayet or Junha is composed of several acts and each
of a gang of persons perpetrates one or some of such acts
with a view to 1 the accomplishment of the offence, such
persons are styled accomplices 2 and all of them are punished
as sole perpetrators.

Those who are accessories 3 in the commission of a Jinayet
or Junha become subject to* punishment in the following
manner where there is no explicitness in the law 5 :

There is awarded with regard to those who are accessories 3
the punishment of temporary kyurek for not less than ten
years if the principal act calls for 6 the punishments of death
or perpetual kyurek ; and that of confinement in a fortress
for a period of three years if it 7 calls for 6 the punishment of
confinement in a fortress in perpetuity ; and that of con-
finement in a fortress for a period of three years if it 7 calls
for 6 the punishment of exile in perpetuity. In other cases
as much as from one-sixth to one-third of the punishment
prescribed for the principal Jinayet or Junha is deducted.

Those who by way of giving presents or money or making
threats or using 8 fraud or device or exercising 9 influence or
abusing the authority of office incite another person to commit
a Jinayet or Junha, or who, being aware that a Jinayet
or Junha is to be committed, give informations 10 serving
the accomplishment thereof, 11 or who knowingly procure

OTTOMAN PENAL CODE. 33

arms or instruments or other means which will help the
commission of a Jinayet or Junha, or who knowingly assist
the principal perpetrator in acts which are the means 12 of
preparing, facilitating or completing a Jinayet or Junha —
are deemed accessories 3 in the commission of such Jinayet
or Junha.

Those who being aware of the deeds and acts of criminal
persons 13 who practice brigandage 11 or use force 15 or violence
against the safety 16 of the Government or public tranquillity
or the safety 16 of life and property 17 willingly provide 18 them 19
with eatables or place to sleep, 20 hide or assemble in are
deemed accessories. 3

Those who knowingly keep or conceal b3^ them in whole
or in part goods which have been obtained by way of theft
or usurpation 21 or by the commission of a Jinayet or Junha
arc deemed accessories 3 in those acts. 22

To the now Article 45 the following notes may be added : —
1 w with a view to " lit. " with the objoct of."

* " accomplices '* lit. ''co-agents" or "associates in an act,*' " co -perpetrators."

* " accessories " lit. "secondary (or ' branch 'J accomplices."

* ** become subject to " or " suffer.'*

* " no explicitncss in the law " (vide notes 2 and 3 to original Art. 45).

* " calls lor " or " necessitates. "
7 " it/' i.c , tho principal act.

* using " or " practising ; also fabricating. *

* " exercising " lit. " bringing abotit.'

10 " informations " or ** explanations " lit. M descriptions "

11 " thereof," i.e., of the Jinayet or Juuha.
18 " means " lit. "cause."

13 *' criminal persons" lit. "men of offences."
M " brigandago " or " frcobooting."

16 " force " or " compulsion," " constraint."
" " safety " or " security."

17 " life and property" lit. M persons and properties."
" " provide " lit. M give."

11 " them," i.e., the criminals.

" u sleep " lit. " lie down " or " go to bod."

n " usurpation,' i.e., in the sonse of " wrongful seizure."

" *' those acts," i.e., the acts of theft, usurpation, etc.

Art. 46. 1 — Persons who are partners 2 in an offence 3 are
considered to be sureties for 4 each other, according to the
principle as to security for property, 5 in matters of the resti-
tution of stolen property and payment of compensation
and other expenses ; and in the case of one of such not having
ability 6 such are taken 7 and collected from him who has such
ability. 8

Art. 46 Notes.— 1 This Article is taken from Art. 55 of the French Code Penal.
Art. 55. " Tous les indivlduscondamn6s pour unmnme crime ou unm6me delit seront
tenus solidaireraont des amendes, ctes restitutions, des dommages-interots ot dos frais."

E

34 OTTOMAN PENAL CODE.

* u partners M : " co -perpetrators M : it refers to offences committed in common
by more than one person.

8 M offence "i as in the preceding section tho offence is not limited as it is in tho
French Code. The word in the Turkish text is " Jurm " which is a general word for
offence.

4 " eureties for " or " security for," it only means that they are oil jointly and
severally liable.

1 " according to the principle as to security for property.*' The words " security
for property " might also be translated " surety answerable for the value of a thing "
or " surety for payment of money." The principles of the Ottoman law relating to
suretyship aro to be found in tho Third Book of the MejeII6. " The Book about
Suretyship" (vide Tyser, Pemetriades and Haqqi's translation, p. 83).

1 "ability," i.e., ,l ability to pay."

7 " taken " : it means " recovered."

• '* from him who has such ability." NicoIaid.es quotes (Ott.Cod., pp. 2430, 2431)
two Circulars of instruction issued from tho Ministry of Justice dated 4 February,
1298 (16 February. 1881) and Rejeb. 1302 (21 April, 3885) respectively in which
is urged tho rigid adherence to the provisions of this Article which prescribe that the
whole of an amount ordorcd to be recovered or paid from or by co- perpetrators of
an offence is exigible from any of the wrong-doers.

Art. 46 was repealed by new Art. 11 (q.v. 9 supra). A new
Art. 46 was enacted on 6 Jemazi'ul-Akhir, 1329 (4 June,
1911) which repeals Art. 180 (q.v., infra). The following is
the text of the new Article : —

If a person having resolved 1 to commit a Jinaj^et has
commenced the carrying out thereof by making use of the
proper means therefor 2 but has not been able to complete
the acts necessary for the accomplishment 3 of such 4 Jinayet
owing to 5 the intervention of preventive causes not in his
control 6 there is, where not expressly provided for by law, 12
awarded with regard to the offender 7 the punishment of
temporary kyurok for not less than seven years if the said
act calls for the punishments of death or perpertual kyurek ;
or the punishment of confinement in a fortress for likewise
not less than seven years if it 8 calls for the punishment of
perpetual confinement in a fortress ; or likewise the punish-
ment of confinement in a fortress for a period of three years
in cases calling for 8 the punishment of exile in perpetuity.
In other cases as much as from one-half to two- thirds of
the punishment prescribed by law for such Jinayet is
deducted.

In case the offender 7 desists of his own will from the acts
for the carrying out of 9 the offence but the completed portion
of the act forms an offence by itself he is only punished with
the punishment assigned 10 to that portion.

If a person has completed all the acts for the carrying out
of 9 the Jinayet resolved upon by him but that Jinayet has
not been fulfilled 11 owing to 5 the intervention of p eventive
causes not in his control 6 there is, where not expressly provided

OTTOMAN PENAL CODE, 35

for by law, 12 awarded with regard to the offender 7 the punish-
ment of temporary kyurek for not less than ten years if the
said act calls for the punishment of death or kyurek or
confinement in a fortress 13 in perpetuity ; or the punishment
of confinement in a fortress for likewise not less than ten
years if it 8 calls for the punishment of perpetual confinement
in a fortress ; or the punishment of confinement in a fortress
for three years if it 8 calls for the punishment of exile in per-
petuity. In other cases as much as from one- third to one-
half of the punishment prescribed for such Jinayet is deducted.
The setting about to commit a Junha calls for punishment
only where expressly provided by the law.

To the new Article tho following notes may be added: — ■
1 " resolved " lit. " firmly resolved upon."

1 " by malting use of the proper means thereof " lit. " by special (or * proper ')
means."

* *' Accomplishment " lit. " the coming about of."
« " euch " lit. " that."

* " owing to " lit. " by."

* *' in his control " lit. " in his power of choice."

7 " offender " lit. " one who has set about to do (or ' begun ') a thing."

* " it," t'.c, the Jinayofc if completed.

* " the acts for the carrying out of " lit. " the executive acts of the offence."

10 " assigned " lit. ** special.*'

11 been fulfilled " more literally " come into existence."

11 " where not expressly provided for by law " lit. " in places where the law has
not evplicitness."

13 The words "or confinement in a fortress" are doubtless a misprint in the Turkish
text and should be struck out as the provision for the case in which the punishment
of perpetual confinement in a fortress is the prescribed punishment affected by this
part of tho Articlo follows immediately below.

Aet. 47. — The commutation 1 of tho punishment of death
to kyurek and of the punishment of kyurek to confinement
in a fortress and of perpetual confinement in a fortress to
perpetual exile and of temporary confinement in a fortress
or imprisonment to temporary exile is absolutely dependent
on a special Irade 2 of His Majesty the Sultan 3 and unless
there is a special Imperial Irade as stated 4 or unless there
is an explicit provision 5 in the Code 6 the pardoning or
mitigating of a punishment in any way is not lawful

Art. 47 Notes. — * commutation " lit. " changing."

2 " Irade " : "a command of the Sultan in writing."

* It may here be observed that the Sultan has always possessed the power to pardon
or commute all punishments except those definitely fixed by the Sher' law : with
regard to oxpress powers of pardon and commutation vide Hoidborn, Vol II f p. 363.
" L'article 7de la Constitution Ottomane confere au Sultan le droit de mitiger les peiues
et do faire grace, mais seulement pour les peines prevues par le Code Penal " and also
t&., p. 378.

* "as stated" lit. " as written abovo."

* " an explicit provision " lit. " explicitness."

* " the Code n ; it means this Code.

E2

36 OTTOMAN PENAL CODE.

Art. 47 was amended and re-issued on 6 Jemazi'ul-Akhir,
1329 (4 June, 1911). The text of the new Article is as
follows : —

In case there exist hypothetical circumstances rendering
a mitigation of punishment necessary in an offence, the
punishment of death is commuted 2 to perpetual, or for not
less than fifteen years temporary, kyurek ; that of perpetual
kyurek to temporary kyurek or to not less than five years
temporary confinement in a fortress ; and the punishment
of temporary kyurek or perpetual confinement in a fortress
to temporary confinement in a fortress.

If the offence calls for the punishment of perpetual exile,
or temporary confinement in a fortress, or loss of civil rights,
or deprivation of rank and office in perpetuity, the said
punishment is commuted 2 to the punishment of imprisonment
for not less than one year. If the offence is of the category
of Junha the Court may pass sentence to the extent of the
minimum of the correctional punishment.

To the new Article tho following notoa may bo added : —
1 " circumstances " lit. " causes " or intermediary things. 1 '
1 " commuted to " lit. " converted into."

CHAPTER FIRST

Sets forth the Jinayets and Junhas of which
the injury is general amd the punishments
provided therefor.

PART I.

JlNAYJETS AND JtJtTHAS WHICH DISTITRB THE EXTEBNAL
SECTTRITY OF THE IMPERIAL OTTOMAN GOVERNMENT.

Part 1 Notes.— This Part and Pare JI (Jinayots and Junhas which disturb
the internal security of the Imperial Ottoman Government) have been much altered
from the form in which they first appeared in the Code. The Fronch model upon
which these two Parts wore based is admitted by French commontators to be somewhat
unsatisfactory.

First of all Arts. 62 and G3 wore amended on 3 Jom&zi'ul- Akhir. 1277 ( 17th December,
1860) by some additions dealing with highway robbers.

Secondly the events of tho Russo-Turkish -war in the seventies proved that the
Ottoman Code was ill-adapted to cope with many phases of offence against which
the existing law made little or inadequate provision. A long Circular of instruction
was issued on 10 Muharrem, 1297 (24th December, 1879) from the Ministry of Justice
which, whilst indicating by its advice that the Courts had found themselves in
difficulties in fitting to obviously improper conduct any of the provisions of the Code
relating to the disturbance of the external or internal security of the country, adum-
brated, to remedy such defects in the Jaw, fresh legislative measures. This circular
is given in extenao in Nicolaidos' Ott. Cod., pp. 2442, 24-43. Accordingly on 1 Muhar-
rem, 1298 (4th December, 1880) a number of important amendments appeared. Arts-
60, 51, and 53, undor the heading M Articles of tho Imperial Ottoman Ponal Code
necessary to be completed as regards Jinayets and Junhas disturbing its external
security," and Arts. 55, 58, and 60, under the heading " Articles of the Imperial Ottoman
Penal Code necessary to be completed as regards Jinayets and Junhas disturbing
its internal security," were re-drafted and re-issued as amplified and amended, to-
gether with a lengthy " Supplement " to Part I under the heading H Matters to be
appended and added to Part I of the Penal Code " (Destur, Zeyl, pp. 15-18).

Art. 58 was tho eubjoct of further alterations by addenda dated 19 Zilqad6, 1309
(14th June, 1892) ; 5 Shaban, 1321 (2Gth October, 1903) ; 2 Jemazi'ul-Ewel, 1324
(15th July, 1906); and 27 Sefer, 1326 {29th March, 1908).

Art. 66 was amended by an addendum dated 19 Zilqade, 1309 (14th June, 1892).

Art. 55 was repealed and a now Article substituted on 6 Jomazi'ul -Akhir, 1329
(4th June, 1911) with an addendum of the same date.

Art. 63 and its addendum of 3 Jein&zi'ul-Akhir, 1277, were repealed by tho effect
of the new Art. 46 dated 6 Jemazi'ul-Akhir, 1329 (4th June, 1911).

The result is rather a patchwork but the following short rough table may be of
assistance to students :—

Part J.- — OJJtrvxs against external security.
Art. 48. Taking up arms with tho enemy against the State.
Art. 49. Intriguing with the enemy to bring about war.
Art. 50 (Original). Surrender of places to the enemy.

38 OTTOMAN PENAL CODE.

Art. 50 (Modified). The same modernized and amplified.

Art. 61 (Original). Giving information to the enemy.

Art. 51 (Modified). Adds to Art. 51 tampering with the troops.

Art, 52. Betraying secret State, political, or military matters.

Art. 53 (Original). Giving maps of military value to the enemy.

Art. 53 (Modified). The somo amplified.

Art. 54. Concealing spies.

Settlement to Part 1. Abstraction of territory ; betaking oneself to a foreign
Power ; service, after war declared, with enemy ; divulging or publishing secret
mattors ; tampering with State documents concerning international relations ; trans-
acting State business prejudicially to tho Governmont

Part 11.— -Offences against internal security.

Art. 55 (Original). Incitement to revolt.

Art. 55 (Modified). Attempts against H.I.M. the Sultan ; incitement to revolt.

Art.. 55 (New). Abuse of the Prophets ; attempts on or abuse of H.I.M. tho Sultan;
incitement to rovolt ; attempt to upset the Constitution.

Art. 55. Addendum, 6 Jemuzi'ul-Akhir, 1329. Offences against envoys or Govern-
ment officials of foreign powers ; or against arms and flags.

Art. 56. Incitomont to civil war or disorder.

Art. 57. Offences under Arts. 55 and 56 when undertaken by a band of
persons.

Art. 58 (Original). A plot to carry out offences under Arts. 65 and 5G.

Art. 58 (Modified). The punislrments are somewhat altered.

Art. 58. Addendum, 19 Zilqad6, 1309. The making of lethal firearms or appliances
for effecting tho plans of a revolutionary party.

Art. 58. Addendum, 5 Shaban, 1321. The importation or manufacture of dynamite.

Art. 58. Addendum, 2 Jomazi'ul-Evvel, 1324. Repeals the previous addondum
and re-enacts it in a more elaborate form

Art. 58. Addendum. 27 Sefer, 1326. Deals with those who abet, offenders against
provisions of the previous addendum of 2 Jemazi'ul-Ewel, 1324.

Art. 59. Unauthorized assumption or throwing up of military or civil commands.

Art. 60 (Original). Hampering recruiting.

Art. 60 (Modified). Addition to Art. 60 of inciting troops to revolt.

Art. 61. Arson of State pioperty.

Art 62 Doato with bands of raiders or briganda.

Art. 62. Addondum. Deals with highway -robbers.

Art. 63. Deals with the organizers and supporters of the bands referred to in Art.
62 (repealed by New Art. 45).

Art. 63. Addendum. Deals with harbourers of highwaymen (ditto)

Art. 64. Deals with the rank and file of bands of raiders and brigands who disperse
on order of the authorities.

Art. 65. Deals with members of bands of raiders or brigands who denounce their
accomplices.

Art. 66. Deals with those who incite others to commit any of the offences in Part II.

Art. 66. Addendum. Deals with those who keep or conceal inflammatory
revolutionary documents.

Art. 48. 1 — Any person, whoever he may be, from amongst
the subjects of the imperial Ottoman Government who takes
up 2 aims 3 together with the enemies of the Ottoman Empire
against it is put to death.

Art. 48 Notes, — l Compare Art. 75 of the French Code Penal. " Tout Francais
qui aura port© lea aruiea contre la France aora puni de mort. 1 '
* " takes up " tit. *' holds," or '* bears.*'

OTTOMAN PENAL CODE. 39

* "arms." An Arabic word Silah (plural "esliha") meaning "weapons." The
Arabic word includes firo-armg and weapons for cutting or stabbing such as swords,
daggers, lances and the like : it would not include a pocket-knife, an ordinary walking
stick, a shepherd's crook, or strictly even a policeman's baton or a club ; it is perhaps
unfortunate that in the Ottoman Penal Code there is not so exact a definition as
there is in the French but the word " Silah " is. bo a Turk, perfectly clear and explicit
in itself. The French definition is contained in Art. 101 of the French Code Penal
and ia as follows : — M Sont compris dans le mob armes toufcos machines, tous instru-
ments ou ustensils tranchants, per rants ou contondants. Les couteaux et ciseaux
de poche, les eannes simples, ne seront reputes armes qu'autant qu'il en aura ete fait
usage pour tuer bleaser ou frapper."

Abt. 49. 1 — Any person from amongst the subjects of the
Imperial Ottoman Government who attempts 2 cither to
carry on communications or intrigues 3 with foreign States
or their agents 4 in order to incite or instigate foreign States
to make hostile movements or war and combat or in order 5
to procure for them the means and way of their making
hostile movements or war against the Imperial Ottoman
Government is similarly put to death whether or not such
seditious 6 acts of his end in the taking place of hostile move-
ments.

Abt. 40 Notes. — l Compare Art. 76 of the French Oodo Fona!. " Quiconquo
aura pratique des machinations ou entretenu des intelligences avec les puissances
6trangeres on leurs agents pour les engager a eomrnettro des hostility on a entre-
prendro la guerre contrc la Franco ou pour lour on proeuror los moyona, sera puni
de mart. Cetto disposition aura lieu dans le cas memo o^i los dites machinations ou
intelligences n'auraient pas ete suivies d'hostihtes."

* " attempts " or " dares."

8 " intrigues : the word in the Turkish text is ( fes&d." an Arabic word with a
broad meaning including " sedition." " plot," " conspiracy," " mischief," " fraud,"
" depravity," " corruption," " riot," ** disordor," " disturbance," " trouble/' or,
in fact, any state or act which ia not good. This Arabic expression occurs in ouo or
another form (as a substantive, adjective, or verbal noun — or as a verb as in tho present
instance- -assisted by auxiliary vorbs, words or affixes marking different notions or
relations — in Arts. 49, 56, 57, 58 (old and new), tho addenda Nos. 1, 2 and 3 Uj Art.
68, Arts 62 (new), (53, 64. the addendum to Art. 66, Arts. 83, 88 and 93, in tho heading
of Part X of Chap. II, and in Art. 136 (old and now).

* " agents " lit. " officers " or " employes."

* " in order " these words are inserted in the translation for clarity.

* " seditious " this is tho word " fesad " with adjectival suffix; {vide noto 3 abovo).

Art. 50. 1 — Whosoever from amongst the subjects of the
Imperial Ottoman Government communicates, 2 intrigues or
plots with the enemies of the Imperial Ottoman Government
in order to facilitate the entrance of its enemies into the
Ottoman dominions ; or to deliver to the enemy a city,
fortress, fortified places, harbour, store house, dock -yard, or
vessel of the Ottoman Empire ; or to aid the enemy by
giving troops, money, provisions, arms or ammunition ; or,
either by disturbing the loyalty or discipline of the troops

40 OTTOMAN PENAL CODE.

of the Ottoman Government or in some other way, to serve or
help the trespass on or invasion of the Ottoman dominions
by or the defeat of the troops of the Ottoman Government
by the enemy's army is likewise put to death.

Abt. 50 Notks. — l Compare Art. 77 of th© French Code P£nal. " Sera egalement
puni d© mort, quiconquc aura pratique dos man<ou\Toa ou entretonu des intelligences
avec les ennemis de PEtat, a Feffet do faciliter leur eatrde sur le territoire et d6pen-
dances du KoyaumB ou de leur livror des villcs, forteressea, places, postes, ports, rnaga-
sins, arsenaux, vais3eaus ou batimonts appartonant a la France ou de fournir aux
ennemis des secours en soldate, homines, argent, vivres, armes ou munitions, ou de
seconder lea progres do leur armes sur les possessions ou contrc lea forces franraises
de terre ou do mor, soit ©n ebranlant la ridelite des ofriciers, soldats, matolots ou autres,
envera le Itoi et l'Btat, soit d© toute autre raaniero."

* "communicates'* or "corresponds."

Art. 50 was repealed and re-issued on 1 Muharrem, 1298
(4 December, 1880) of which the text is as follows : —

Whosoever 1 from amongst the subjects of the Imperial
Ottoman Government facilitates the entrance of the enemies
of the Imperial Ottoman Government into the Ottoman
dominions ; or delivers or becomes the cause of delivering
to the enemy a city, fortress, fortified places, harbour, store-
house, dock-yard, powder-magazine, workshops or manu-
factories for military 2 necessaries, war-vessels of the Ottoman
Government or military officers or men of the Imperial
Ottoman Government ; or, for the benefit of the enemy,
destroys or reduces such 3 or its 4 bridges or railways to such
a state as not to be capable of being used ; or aids the enemy
by giving 5 troops, money, provisions, arms or ammunition ;
or either by disturbing the loyalty or discipline of the troops 6
of the Imperial Ottoman Government or in some other way
serves or helps the trespass on or invasion of the Ottoman
dominions by or the defeat of the troops of the Imperial
Ottoman Government by the enemy's army ; or communi-
cates, 7 intrigues or plots with the enemies in order to commit
a Jinayet is likewise put to death.

To the new Article may bo added the following notes : —

1 Vide not© 1 to Part I supra.

1 *' military " lit. " warlike."

■ 4i such " lit. " those (things)."

4 *' its,' 1 i.e., o£ tho Imperial Ottoman Government

* "giving," i.e., "furnishing it with."

* *' troops " lit " bodies of troops," i.e., military forces.
7 " communicates or ** corresponds."

Art. 51. l — If the communications hold with the subjects
of a hostile Government 2 do not comprise the Jinayets set
forth in the above Article but give the result of some infor-
mation productive of injury being imparted to the enemy

OTTOMAN PENAL CODE. 41

with regard to the military or civil conditions 3 of the Imperial
Ottoman Government or of its allies the person who has
held such communication is confined in a fortress temporarily
according to the gravity 4 of his guilt ; and if in the imparting
of such information an act of espionage, that is to say the
purpose of making known to the enemy the war measures
of the Imperial Ottoman Government, is proved 5 the person
who has dared 6 to do this is temporarily placed in kyurok
according to the gravity 4 of his Jinayet ; and if this action 7
takes place in the armies 8 the putting to death of the guilty
person pursuant to the military 9 laws becomes also per-
missible. 10

Art. 51 Noras.— l Compare Arts. 78 and 79 of the French Code Penal. Art.
78. " Si la corrospon dance avoc les to j eta d'uno puisstwico onnoraio, sans avoir pour
objet Vun des crimes tSnonces en l'article precedent, a neaninoins ou pour resultat
do fournir aux ermomis des instructions nuisibles a la situation militaire ou politique
de la Franco ou do ses allies, ccux qui auront entretenu cette uorcespondanco seront
punis de la detention, sails prejudice de plus forte peine, <I:ik le cas> oil ces instructions
auraient eta la suite d ; un concert eonstituant un fait d'cspiounago. ,)

Art. 79, " Les poines oxprimeo3 aux articlos 70 ot 77 seront los memos, soit quo
les machinations ou manueuvres ononcees en ces articles aient 6t6 corutnusos euverd
In France, eoit qu'elles l'aient eto envers les allies de la bVance, agisaant contre I'ennemi
commun."

1 " Government " or "Power," "State."

8 "conditions" or '* circumstances."

* "gravity" lit. "degroo."

8 " proved " lit. " becomes manifest."

• *• dared " or " ventured."

1 " this action " ; these words do not rofor only to a case in which an act of •spionage
is discovered but to alt the offences mentioned in the Article.

* " in the armies." Nicolaides translates this •' iv r>f> <7T(><»7-o7r*£'/>." The French
rendering is " dans les annoes." The plirase also moans " in the camps " or " in the
localties of war," and probably would bo held applicable 1 to combatants and non-
combatants alike.

• "military" or "martial."
" " permissible " or "lawful"

Art. 51 was repealed and re-issued on 1 Muharrem, 1298
(4 December, 1880). The text of the re-issued Article is as
follows : —

1 If the communications held with the subjects of a hostile
Government 2 do not comprise the Jinayets set forth in the
above Article but give the result of some information pro-
ductive of injury being imparted to the enemy concerning the
military or civil conditions 3 of the Imperial Ottoman Govern-
ment or of its allies the person who holds such communication
is confined in a fortress temporarily according to the gravity 4
of his guilt ; and if in the imparting of such information an
act of espionage, that is to say the purpose of making known
to the enemy the war measures of the Imperial Ottoman
Government is proved 5 the person who has dared 6 to do this

42 OTTOMAN PENAL CODE.

is temporarily placed ^in kyurek according to the gravity 4
of his Jinayet ; and if this action 7 takes place in the armies 8
the putting to death of the guilty person pursuant to the
military 9 laws becomes also permissible ; and those who
make military officers and men run over to the enemy's side,
or seduce the troops of the Imperial Ottoman Government
in order to pass over to the enemy's side, are put in kyurek
in perpetuity.

To the above raodi6ed Article the following notes may be added : —
1 Only the last paragraph is really different from the original Article.
Notes 2, 3, 4, 5, 6, 7, 8, and 9 to the original Art. 51 also apply to the abovo now
Article (ol) as shown by corresponding numbers.

Art. 52. 1 — Whoever from amongst the officials or servants
of the State 2 or other persons being cognizant by reason of
his office or officially of the secrets of a confidential 3 con-
ference 4 relative to important political affairs of the Imperial
Ottoman Government or of its resolve as to a concealed and
secret military movement discloses the same to the officials
of a foreign or hostile Government 5 directly or indirectly,
without being charged or authorized by the Government 6
to do so, is put to death.

Art. i»2 Notes, — I Compare Art. 80 of the French Code Penal. " Sera puni d«s
poinoa cxprimes on 1'article 76 tout fonetionnoire public, tout agent du Gouvernemont,
on toute autre persoime qui, charges cm instruite oiTIciel lament, ou a ntison de son
©tat, du secret d'une negotiation ou d'une expedition, I'aura Iivr6 aux agents d'uno
puias&nco btrangero ou do 1'ennemi."

* " the State " it means of course " tho Imperial Ottoman State."
8 '• Confidential." The word in the Turkish is " Kha.fi '* which means " private "
" secret," *' clandestine."
*** conference " or "conversation," "deliberation."
6 "Government" or "State," "Power."
6 " Government," i.e., " tho Imperial Ottoman Government."

Art. 53. * — Whoever from amongst the officials of the
Imperial Ottoman Government gives to the enemy or to
agents of the enemy the drawings or maps 2 of the fortifi-
cations, dock-yards, or harbours belonging to the Imperial
Ottoman Government, or but one of them, which have been
specially entrusted to him 4 by reason of his office, is placed
in kyurek for from three years to fifteen years ; and, if he
gives such drawings or plans to the agents of a friendly or
neutral State without the authority of the Government 5 he
is imprisoned for from one year to three years.

Art. 53 Notes. — 1 Compare Art. 81 of the French Code Penal, "Tout fonction-
nairo public, tout agent, tout propose du Gouvornoment, charg6, & raison do Sea fonc-
tions, du depot des plans des fortifications, ar»onaux ports ou rades, qui aura livre
ees plans on Pun de cas plans a 1'ennemi ou aur agonts do V&nnemi. sera puni de morfc.

" II sera puni do detention, a'il a livro cos plans aux agents d'un puissance 6trangere
neutre ou aUioe."

OTTOMAN PENAL CODE. 43

8 "maps*' the word in the Turkish text is " kharita " which means "map,' 1
" plan," or " ground plan."

* " them,'* a.e , such drawings or maps.

* " speoially entrusted to him" the words in the Turkish test may also he read
as " entrusted to him for himself " or " ontrustod to him for his own us©."

1 '* Government," i.e., of course, the Imperial Ottoman Government.

Art. 53 was repealed and re-issued on 1 Muharrem, 1298
(4 December, 1880). The text of the re-issued Article is
as follows : —

Art. 53. * — Whoever from amongst the officials of the Impe-
rial Ottoman Government gives to the enemy or to agents
of the enemy, the drawings or maps 2 of the fortifications, dock-
yards, or harbours belonging to the Imperial Ottoman Govern-
ment, or plans relative to strategic movements, military
dispositions, fortresses or fortifications or but one of them, 3
which have been specially entrusted to him 4 by reason of his
office, is placed in kyurek for from three years to fifteen
years ; and, if he gives such drawings or maps 5 to the
agents of a friendly or neutral State without authority of
the Government he is imprisoned for from one year to
three years.

To the modified Article the following notes may be added : —

1 There is only a small modification introduced in the ro-issucd Article.

* For 2, 3 t and 4 vide the notes with corresponding numbers in the original Article.
1 The word " plans " seems to liave been accidentally omitted in the Turkish text.
1 " Government " (vide note 5 to original Article).

Art. 54. 1 — Whoever from amongst the subjects of His
Imperial Majesty the Sultan hides or conceals or causes to be
hidden or concealed the spies who have been sent by the
enemy for the purpose of discovering and ascertaining
matters 2 knowing that they are spies is placed in kyurek in
perpetuity.

Art. 64 Notes. — l Compare Art. 83 of the French Code Penal. " Quieonquo
aura recel6 ou aura fait rocclcr los espions ou los soldats ennomis envoyes a la decouverte
et qu'il aura connus pour tels, sera condamn6 a la peine de more."

1 " matters " or " the state of things," " the circumstances/' " the stato of affairs."

Matters to be appended and added to Part I of the Penal Code. 1

Persons attempting 2 to cause a piece or a part of the
Imperial Ottoman dominions or one of the privileged 3 Vila-
yets 4 thereof to be forcibly annexed in whole or in part to
some other privileged Vilayet or generally to detach 5 from
the administration of the Government 8 a piece of the Imperial
Ottoman dominions are put to death, and if there appear
circumstances helping a mitigation of punishment 7 they are
confined in a fortress temporarily for not under five years.

44 OTTOMAN PENAL CODE.

The person who, being an Ottoman subject, betakes himself
to a foreign Power 8 with intent to provoke 9 war against
the Imperial Ottoman Government is put in kyurek tempora-
rily for not under five years and if such action 10 leads to 11
the breaking out of the war then 12 in perpetuity.

If an Ottoman employed in the military 13 services of a
foreign Power 8 before the declaration of war remains in the
military 13 force of the enemy after the declaration of war
he is put in kyurek temporarily.

The punishment prescribed for the Jinayets and Junhas
mentioned and set forth in this Part 14 also applies to 15
foreigners who dare them 16 ; and foreign subjects who
commit these Jinayets and Junhas during war are also
sentenced 17 and dealt with in accordance with the rules and
usage of war. 18

Those who being cognizant of important matters, decided
to be kept secret from other Powers 8 in the interests of the
Imperial Ottoman Government, or of similar official and
essential 19 information 20 communicate the same 21 to one of
the officials of the said Powers or divulge 23 and advertise
the same to the public ; those who by destroying, altering
or counterfeiting the documents 23 or conventions of the
Imperial Ottoman Government comprising its rights and
relations with other Governments impair the said rights are
put in prison for not less than two years.

Those who, by accord with the officials of the enemy,
intentionally 21 put in a form injurious 25 to the State 26 a
business 27 with the performance of which they are charged
by the Imperial Ottoman Government are put in kyurek for
three years and in the case of there being 28 extenuating
circumstances punishment of six months' imprisonment is
awarded.

Addendum to Part I Notes. — a This is a sort of supplement to Part I promul-
gated I Mnharrem, 1298 (4 December, 1880). The Turkish text is to be found in
the Destur, Zoyl, pp. 17 and 18 ; the French rondering is given in Young, Corps do
Droit Ott., VII, p. 11 ; a Greek translation in Nicolaides Ott. Cod., pp. 2430. 2437.

The translation given here is of course, as is the case throughout this work, from
the original Turkish text. Tho punishments aro cortainly not sovoro.

E '* attempting H lit. "sotting to work at"; tho meaning vf the expression is
indicated in the last paragraph of Art. 55 of 1 Muharrem, 1298.

s " privileged " : it means kt independently governed," ?,c, more or loss autonomous.
Nicolaides translates " wpovofu*>fy£*c " and tho French rendering is M one des pro-
vinces privilegiees," «.(/., ^Lebanon, Creto.

* " vilayets " ; H provinces. "

6 " detach " lit. " to take out of."

* " Government,'* i.e., the Imperial Ottoman Government.

* " circumstances helping a mitigation of punishment," i.e., " mitigating circum-
stances."

OTTOMAN PENAL CODE. 45

8 "Power" or " State."

• " provoke " lit. " to afford cause for."

10 " and if such action " lit. " and i£ this betaking himself to."

11 "leads to" lit. "ondsin."

" " then " ; this is not, but is understood, in the Turkish text.

18 " military " lit. M war.*'

M " this Part,'* i.e„ Part I.

" M applies to " or " extends to."

18 dare thorn," i.e., " dare to commit those offencos,"
17 " sentenced " or " adjudged.*'

19 '* tho rules and usago of war" Nicol aides translates ** Kard rbv crpartf/rtnvv
v6fiov" the French rendering is '* selon V usage do guerre."

*• "essential" lit. "fundamental."

80 "information" or " Unowlodgo " or "intelligence."

M " communicate the same " lit. give information."

M " divulge " lit. "' publish " or promulgate."

23 "documents" or " mstrumente," "deeds."

** " intentionally " or " purposely."

26 "injurious" or "prejudicial."

M " the Stafco," i.e., the Imperial Ottoman Stato.

17 "a business " or "an affair."

» " being " or " existing."

PART II.

JlNAYETS AND JTTNHAS WHICH DISTURB THE INTERNAL
SECURITY OF THE IMPERIAL OTTOMAN GOVERNMENT.

Art. 55. 1 — Whoever personally or indirectly 2 incites the
subjects of the Imperial Ottoman Government or the inhabi-
tants of the Ottoman dominions in order to make them to
revolt in arms against the Ottoman Government is, if the
matter 3 of revolt which was his intention comes to effect
entirely or the carrying out of the matter of the revolt shall
have been commenced, put to death.

AnT. 55 Notes. — l Parts of tho contents of Art. 55 aro token from sovoral Articles
of the French Code IYu al.

Part of Art. 86 mna :—

" L'attentat contre la vie ou contre la personne du Roi est puni de la peine du par-
ricide M (Execution with humiliating circumstances, i.e., bare-footed, clothed in a
shirt, a public reading on the scaffold of his offence, etc., vide Art. 13). (Loi. 28 Avril,
1832.)

Arts. 87 and 8ft run : —

Art. 87. " L'attentat dont Ie but sera soit de d6truire, soit de changer le Gou-
vernement ou l'ordro do successibilite au trone, soit d* exciter tes citoyens ou habitants
a s'armer contre l'autorit6 royale, sera puni do mort." (Memo loi).

Art. 88. " L'exeoution ou la tentative constitueront eeules l'attentat." (Merne loi).

Tho French Articles have since 1832 been very materially altered.

1 " indirectly " lit. " through some medium,"

3 " matter " : as in note 7 to modified Article.

46 OTTOMAN PENAL CODE.

Art. 55 was modified on 1 Muharrem, 1298 (4 December,
1880). The text of the modified Article is as follows : —

1 The person whose evil intent 2 against 3 His Majesty the
Sultan becomes established 4 or who attempts to carry it out
is put to death.

Whoever personally or indirectly 6 incites the subjects of
the Imperial Ottoman Government or the inhabitants of the
Ottoman dominions in order to make them to revolt in arms
against His Majesty the Sultan or the Ottoman Government
is, if the matter 7 of the revolt which was his intention 8
comes to effect entirely or the carrying out of the matter 9
of the revolt shall have been commenced, put to death.

The person whose daring to assault 10 actually, but not in
the degree of evil intent, 11 His Majesty the Sultan is
established* is confined in a fortress in perpetuity or if the
assault is in a light form 12 temporarily for not less than
five years.

The person whose daring to malign 13 His Majesty the
Sultan becomes established 4 is imprisoned for from three
months to three years.

The person whose attempt 14 at altering, changing or
destroying the system of succession or shape or form of the
Ottoman Government is established 4 is put to death.

To begin the carrying into effect of the Jinayet resolved
upon is an attempt.

To the modified Article the following notes may be added : —

1 It will bo observed that the modified Articlo is very much broader than the old

one.

1 " evil intent *' or " malice aforethought " : it means " a design to kill or injure."

Nicolaidea translates '* o hnffovtyOuiv n (ho who hoe designs against).

* " against " lit. "to. ■

* ''established," i.e., "proved."

I u attempts " lit. M sots to work " or " begins r : the meaning is defined in the
last paragraph of the Article.

• "' indirectly " as in note 2 to the original Articlo.

7 " matter ' ; this word in the Turkish text is " qazio " which corresponds to the
French <l question," "proposition." " 6v6nement," "affair," " cas." The passage
might be freely translated " if the revolt designed by him is effectively carried out."
Nicolaides translates the passage '• iav ») rp&btftf; itvrov. Sr/Xeiih) t) siravatrraetQ trperypia-
ro7ron)$y ivTeXiic ' and the French rendering is " a et6 suivi d'efiet."

8 " intention " or " object." " design."

• *' matter " ; the word here is " madde." Jt is literally translated.

10 *' assault " lit. " exorcise power over," " domineer over."

II " not in the degree of evil intent," i.e., not with so serious a design as to kill or
injure. Nicolaides translates " iivsv fytuȣ kTtiftyttkfy.

11 " in a light form," i,e , trifling.

u *' malign " lit. " give looso rein to the tongue."
14 " attempt " {vide note 5 above).

OTTOMAN PENAL CODE. 47

Art. 55 as modified was repealed and a new Article sub-
stituted on 6 Jemazi'ul-Akhir, 1329 (4 June, 1911). The
text of the new Article is as follows : —

Those whose daring to use infamous language publicly
against the great prophets is established 1 are imprisoned for
from one year to three years.

The person who has an evil intent 2 on the life of His Majesty
the Sultan or attempts to carry out this evil intent is put
to death.

The person who attacks the Imperial person is put to
kyurek temporarily. Whosoever personally or indirectly 3
incites the subjects of the Imperial Ottoman Government or
the inhabitants of the Ottoman dominions in order to make
them to revolt in arms against His Majesty the vSultan or
the Ottoman Government is, if the matter 4 of revolt which
was his intention comes to effect, put to death, or, if the
carrying out of the matter 4 of the revolt shall have been
commenced, punished with the punishment of confinement
in a fortress for not less than ten years.

The person whose venturing 5 to malign 6 publicly His
Majesty the Sultan is established 1 is imprisoned for from
three months to three years.

The person whose forcible attempt to alter, change or
destroy the Constitution, or the shape or form of the Govern-
ment, or the system of succession of the Ottoman Empire
is put to death.

To the new Article the following notes may be added : —
" established " ; as in note 4 to modified Art.. 55.
' ovil intent" ; as in note 2 to modified Art. 55.
' indirectly " ; as in note 2 to original Art. 55.
' matter " ; as in nolo. 7 to modified Art. 55.
' venturing " or " audacity."
' malign " ; as in note 13 to modified Art. 55.

Art. 55 (new) was amplified by an addendum issued simul-
taneously with the new Article, i.e., on 6 Jemazi'ul-Akhir, 1329
(4 June, 1911). The text of this addendum is as follows : —

On whomsoever 1 commits an offence against one of the
heads of Government of friendly Powers the punishment
assigned 2 to that offence by law is increased by as much as
one-third.

When acts take place the taking 3 of criminal proceedings
on which depends on a complaint in writing 4 of the victim, 5
the presenting 6 formally of a complaint in writing 4 by the
Government of the foreign Power is necessary.

If an offence is committed against foreign envoys accredited
to the Imperial Ottoman Court, the punishment assigned 2

48 OTTOMAN PENAL CODE.

to that offence is increased by as much as one-sixth. If
such 7 offence is of the nature of an insult, the taking of
proceedings depends on a complaint of the victim. 8

Whosoever, with intent to insult, tears, destroys, or other-
wise 9 dishonours the officially hoisted flag or tughra 10 or
coat-of-arms of the Imperial Ottoman Government or of
friendly Powers is punished with imprisonment for from six
months to three years.

To the above addendum the following notes may be addod : —

1 " on whomsoever " lit. M whosoevor."

fl " assigned " lit. " special."

8 "taking" lit. "running," " occurring," or ''happening.'*

4 " complaint in writing " lit. " letter of complaint."

6 " victim" lib. "person against whom the attack is made."

8 ''presenting" lit. " giving" or "delivering."

' " such " lit* " the said."

* " victim " lit. " person aggressed against."

* " otherwise " lit. " in other ways "
10 " tugbra" {vide note 6 to Art. 1G).

Art. 56. l — Whosoever dares, by making the people 2 of
the Ottoman dominions arm themselves against each other,
to instigate or incite them 3 to engage in mutual slaughter, 4
or 5 to bring about 6 acts of rapine, pillage, devastation of
country or homicide 7 in divers 8 places is, if the matter of 9
disorder 10 comes into effect entirely or if a commencement
of the matter of 9 the disorder 10 has been made, likewise put
to death.

Art. 56 Noras. — l Compare Art. 91 of the French Cod© Penal. " L'&ttentat
dont lo but sora, soit d'oxcitor la guerro civilo on armant ou on portant los citoyens
ou habitants &, s'anner les uns contre les autres, soit de porter la devastation, le mas-
sacre et le pillage dans une ou plusieurs communes, sora puni de mort. Le complot
ayant pour but Pun des crimes pr6vua au present article, et la proposition de former
ce complot, seront puni des pcines port6es en Particle 89. suivant les distinctions qui
y eont etablios." (Loi 28 Avril, 1832.)

Art. 89, quoted in Art. 91, is given below in not© 1 to Art. 68 of the Ottoman Cod©

« "people" or " inhabitants."
8 "thorn," i.t., the people.

* ** mutual slaughter" or " mortal eorabat." Nicolaides gives " ffi$i>\u>c rroXf/ioc"
The sense is clear.

* "or"; one must here read in "daros."

6 " bring about " : also " cause," * commit."

* "homicide" lit. "killing of persons." The Turkish text here implies tho meaning
of intentional homicide. Thp word "murder*' would perhaps serve though purposely
avoided in the translation on account of its technical moaning iu English legal phra-
seology. Nicolaides uses " AoYoc " and in the French rendering the word is left out.

8 " divers " lit. " some," " certain.** The phrase is omitted by Nicolaides and
in tho French rendering it reads " dans un ou plusieurs endroits." It means " any."

6 '* matter of " (vid& note 7 to modified Art. 55 which applies here ao far as the
meaning of the passage is concerned).

" "disorder" or "sedition," Tho Turkish word is "feaad" {vide note 3 to Art. 49).

OTTOMAN PENAL CODE. 49

Art. 57. J — If a gang of ruffians 2 jointly carry out or
attempt to carry out any of the riotous acts 3 set forth 4 in
the above written Arts. 55 and 56 those from among the
persons included in such band of ruffians 5 who are the actual 6
chief ruffians or the agitators of disturbance 7 are put to death
wherever they are caught ; and such from among the others
who are taken and seized at the place of the Jinayet are
placed in kyurek perpetually or temporarily according to
the degree of their Jinayet or 8 complicity in the matter 9
of the disorder 10 which 11 may become manifest.

Art. 57 Notes. — J Nicol aides, Ott. Cod., p .2438 quotes at length a Circular of
Instruction dated 27 Muharrem, 1298 (30 December, 1880) in which, owint* to the
increase of brigandage (Xqtrrefc), it was directed that alleged highway robbers,
when seized by the executive authorities, and brought before the Courts should, even
if there was no direct evidence against them but only suspicion, not be released but
must bo remanded until every possible enquiry had been made concerning them by
the police and executive powers.

The Article may be compared with Art. 97 of the French Codo P6nal. " Dans
le cas oil l'un ou plusieurs dos crimos mentionnes aux articles 86, 87, et 91 auxont
Gto" executes ou simplement tentes par nne bande, la peine de mart sera appJiqu6© ?
sans distinction do grades, a tous lea individus faisant portio do la bando ot qui auront
6t4 saisis sur lo liou de la reunion s^ditieuso. Sera puni dos memo pe-inos, quoique
non saisi sur lo lieu, quieonqno aura dirig6 la sedition, on aura exerce" dans la bando
un emploi ou commandemont quelconque " For Arte. 86 and 87 aoo note 1 to Art.
05 and for Art. 91 see note 1 to Art. 50.

* " gang of ruffians ** or " party of brigands," " band of bandits." The words
" brigands " or M bundite are, however, in English raoro applicable in Arts. 02 and
63 and their addenda. Nicolaides translates the phrase w miftftopia X^otwv*' and
the French rendering is the same as in the Franeh Code " une bando " ; indeed
a M band." simply is so commonly used now-a-days in the newspapers to describe
the perpetrators of frontier exploits tliat it is alone quite a good equivalent.

a *' riotous acts " or " seditious acts.*' The Turkish word is " fesad " [vide note 3
to Art. 40).

* " set forth " or " stated."

* " band of ruffians " lit. "band (or ' company ') of ruffianism."
« " actual n or " real."

7 " chief rumana or the agitators of disturbance" lit. " cliief of brigands and (or
** or") the agitators of mischief." The word "chief" only applies to " ruffians"
and not to "agitators." The word translated "disturbance" (*' mischief ") is
" mefeedet " in the Turkish text. It is the same as in note lo Art. 49 Nicolaides
translates this passage, ".ii ripx 1 ?? ' Kai al irpd£ n)v ffutnfprt£iv Trporjif^fivrfc" and the
French rendering is " qui auront dirig<5 ou excite,"

8 " or " ; one must here read in " according to the doj^reo in their." The French
rendering leaves the TiiTkish original but the translation of the passage by Nicolaides
is a mastorly paraphrase " di'aXoywc fiov fiatJuuiv too a7ro8styQii*ofxr%ov tyK\rjftarog Kai
ttJc &w*>X*i*- t'VTwv iv rate yf-vofitvirn; rapecxrui;.

* ** matter " ; as in note 9 to modified Art. 55.

"> M disorder " j the Turkish word is " fesad " {vide note 3 to Art. 49).
IX M which " refers to H Jinayet or complicity."

Art, 58. l — Where a conspiracy 3 is formed amongst some
persons with the design of carrying out 3 one of the riotous
acts 4 set forth in Arts. 55 and 56 and apart from 5 the

50 OTTOMAN PENAL CODE.

deliberation 6 and decision 7 for the carrying out 3 of the riotous
act 4 resolved upon in such conspiracy some acts or measures
for preparing the means of carrying it out 3 have been also
begun 8 the persons included in 9 such conspiracy 10 are punished
with the punishment of perpetual exile if the matter of 11
sedition 13 has not 3 r et come to the stage of actually carrying
out 3 ; and if no act or measure for preparing the means of
the carrying out of the riotous act 4 as aforesaid is proved 13
to have been attempted 14 in any such conspiracy 2 and all
that has taken place consists only of a deliberation 6 and
decision 7 for carrying it out, 3 in that case the persons included 9
in the conspiracy 10 are temporarily confined in a fortress;
and again if a proposal has taken place as to forming a con-
spiracy 2 for the purpose of carrying out 3 one of the riotous
acts 4 set forth in the two Articles above mentioned and it
has not been accepted 15 the person making that proposal
is imprisoned for from one year to three years.

Art. 58 Notes. — * Compare Art. 89 and the latter part of Art. 91 of the French
Code Penal. Art. 89. " Le eomplot a/ant pour hut lea crimes mentionnes aux
articles 86 et 87 s'il a 6te suivi d'un act©, commit on commence pour en preparer
Fexecution, sora puni de la deportation.

" S'il n'a etc suivi d'auBiw ante commis on commence pour an pi-sparer J'ejeecution
la peine sera cello do la detention. II y a eomplot des quo la resolution d'agir eat
COncertee ct arretee entre doux ou plusieura personnel.

" S'il y a eu proposition faite et non agrtfa do former un eomplot pour arriver aux
crimes mentionnes dans les articles 8f> et 87, celui qui aura fait une telle proposition
aora puni d'un emprisonncment d'un an a cinq ana. Lo coupablc pourra de plus etre
interdit. eu tout, ou en partie, des droits mentionnes en Particle 42." (For the text
of Arts. 8G and 87 of the French Code vide note 1 to Art. 55 and for Art. 42 vide note
3 to Art. 38.)

And the latter part of Art. 91 : — " Le eomplot ayant pour but Tun des crimes
prevus au present article, et Ja proposition do former ce eomplot, seront punis des
pcincs portcos en l'orticle 89, suivont les distinctions qui y sont otabliea."

For the full text of Art. 91 of the French Code vide note 1 to Art. 56.

* "conspiracy" lit. "secret agreement."

3 "carrying out" or * perpetrating.*' " committing. "

* " riotous acts ; as in note 3 to Art. 57.

I " apart from " or *' in addition to."

6 " deliberation " or " discussion " lit. " talking over.'

7 " decision " or " settlement," " determination."

8 *' begun " or ** attempted" {vide note 5 to modified Art. 55.)

9 "included in*' or "who are parties to."

10 "conspiracy" lit. "agreement" or "accord."

II " matter of " as in noto 9 to modified Art. 55.

12 " sedition." The Turkish word is " fosad " {vide noto 3 to Art. 49).

" " is proved " lit. " has become manifest."

14 "attempted" as in note 8.

15 " accepted," i.e., " agreod to."

Art. 58 was repealed and re-issued on 1 Muharrem, 1298
(4 December, 1880). The text of the re-issued Article is
as follows : —

OTTOMAN PENAL CODE. 51

Art. 58. 1 — Where a conspiracy 2 is formed amongst two
or more persons with the design of carrying out 3 one of the
Jinayets mentioned above or one of the riotous acts 1 set
forth in Arts. 55 and 56, and, apart from 5 the deliberation 6
and decision 7 for the carrying out 3 of the riotous act 4 resolved
upon in such conspiracy, some acts or measures for preparing
the means of carrying it out 3 have been also begun 8 the
persons included in 9 such conspiracy 10 are confined in a
fortress in perpetuity ; and if no act or measure for preparing
the means of the carrying out 3 of the riotous act 4 as aforesaid
is proved 13 to have been attempted 14 in any such conspiracy 2
and all that has taken place consists only of a deliberation 6
and decision 7 for carrying it out 3 in that case the persons
included in 9 the conspiracy 10 arc temporarily confined in
a fortress ; and if a proposal has taken place as to forming
a conspiracy for the purpose of carrying out 3 one of the
Jinayets set forth and it has not been accepted 15 the person
making that proposal is imprisoned for from one year to
three years.

To the modified Article the following notes may be added :-—

1 It will be observed that the differences between the original and modified Articles
are not very great.

1 This note and all the other notes are as in the original Article.

Art. 58 was next amplified by an addendum (No. 1)
dated 19 Zilqade, 1309 (14 June, 1902) of which the text
is as follows; —

" The person who invents or manufactures or prepares
or carries firearms or other wounding or deadly instruments 1
or appliances, of whatsoever shape or form they may be, for
the purpose of carrying out 2 the object of a seditious body 11
or 4 of an evil intent 5 against 6 one or several persons is put
to death if the matter of sedition 7 or killing comes into effect,
and if it does not come into effect but remains in the stage
of an attempt 8 he is punished with the punishment of kyurek
for not less than ten years.

To the above addendum may he added the following notes : —

1 " instruments " or " appliances."

4 " carrying out " ; as in uote 3 to original Art. 58.

• " seditious body " or '" riotous body " : it moans a body of persons banded to-
gether for the purposes of sedition or disorder. The word in the Turkish text ifj
" foaad " in its adjectival form (vi'ie note 3 to Art. 49).

4 " or " ; the words " for the purpose of " must be read in here.

• " evil intent " ; as in note 2 to modified Axt. 56.

• "against" lit. "to."

7 ' matter of sedition " ; Tot *' matter " vide note 9 to modified Art. 55, and for
" sedition " (* fesad ' in the Turkish text) vide note 3 to Art 49.

1 *' attempt n ; aa in not© 5 to modified Art. 55. ," -"*\

1 F2

* /

52 OTTOMAN PENAL CODE.

Art. 58 was further amplified by an addendum (No. 2
repealed) dated 5 Shaban, 1321 (26 October, 1903), of which
the text is as follows : —

" Those 1 who import into or receive, conceal or manu-
facture in the Imperial Ottoman dominions dynamite, little
or much, without the permission of the Ottoman Govern-
ment or knowingly facilitate these acts 2 are put to kyurek
for fifteen years ; and if it is proved 3 that these acts are
based on a matter of sedition' 1 he who has dared them is
put to kyurek in perpetuity ; and if the matter of sedition 4
comes into effect he is put to death.

To tho above addendum may be added the following nofcoa : —
1 This addendum was repealed by a subsequent addendum dated % Jemazi'ul-
Evvel, 1324 (16 July, 1906).

J "acts" lit. "conditions" or " circumatancos."

• " is proved " lit. " becomos manifest."

* " matter of sedition " ; it here moans M a seditious purpose " (vide note 7 to
previous addondum).

Art. 58 was further amended by an addendum (No. 2)
dated 2 Jemazi'ul-Evvel, 1324 '15 July, 1906), the text of
which is as follows : —

The 1 persons, whosoever they may be, who, for the revolu-
tionary 2 object of a seditious body 3 or for the carrying out 4
of an execrable thought with evil intent 5 for 6 one or more 7
persons, invent or manufacture or prepare or carry 8 or
import into His Majesty's dominions from foreign countries
or hide or use dynamite or bombs or destructive instruments 9
similar to this, 10 in whatsoever shape or form they may he,
capable of all at once 11 killing or destroying a great many
persons or of demolishing or annihilating houses, dwellings,
ships, means of transport and public thoroughfares, 12 and
those who participate with such 13 or attempt 14 these acts, 15
are put to death in every case 16 whether the matter of
sedition 17 or killing comes into effect or not.

Every individual who becomes aware of the invention,
manufacture, preparation, carrying, importation, hiding,
attempting 18 or using of such destructive instruments 9 is
obliged forthwith to report this 19 to the Government per-
sonally or indirectly. 20 Those whose failure, without good 21
excuse, owing to 22 some evil purpose, to perform this
obligation is established 23 are put to kyurek in perpetuity if
the matter of sedition 17 or killing comes into effect or
temporarily if it 24 does not come into effect.

To tho above addendum the following notes may be added :—

1 This addendum repeals the previous addondum of 5 Shaban, 1321 (26 October,
1903).

8 ** revolutionary " or * riotous " lit. " revolution-seoking n or " riot -seeking."

OTTOMAN PENAL CODE. 53

* " seditious body" ; as in note 3 to addendum of 19 Zilqade, 1309, to Art. 58.

* " carrying out " ; as in noto 3 to Art- 58.

* " evil intent " ; as in not© 2 to modified Art. 55.

* " for " lit. " to," i.e., against.

* " more " lit. " numerous."
■ "carry" or "convey.'*

* " instruments '* or "appliances,"

10 "this," i.e., "these."

11 " all at once," i.e., " simultaneously."

11 "public thoroughfares" lit. "places of passing and places of crossing of the
public. 1 ' Tho oxprc3sion would include road3, paths and bridges.

13 " such," i.e., " such offenders."

14 " attempt " (vide note 5 to modified Art. 55.)

" " acta " ; as in note 2 to addendum of 5 Shaban, 1321, to Art. 58.

18 "in every case" or " under any circumstances."

" " matter of sedition" ; as in noto 7 to addendum of 10 Zilqade, 1309
*• " attempting " ; as in note 14 above.

19 "this," i.e., "tho same."

10 " indirectly " ; as in noto 2 to original Art. 55.

" "good" lit. "true" or "valid."

" " owing to " lit. " adjoined to " or " associated with."

M "established," i.e., "proved."

14 " it," i-e., the mabtor of sedition or killing.

Art. 58 was further amended by another addendum (No.
3) dated 27 Sefer, 1326 (30 March, 1908),' the text of which
is as follows : —

The Captains of steam or sailing vessels, longboatmen, 1
boatmen, or other persons importing into His Imperial
Majesty's dominions by means of sea or land transport 2
the destructive instruments, 3 wounding or deadly appliances
or other injurious articles of this sort set forth and enu-
merated in the above numbered addenda, or taking away 4
from a place other than the appointed spots 5 persons who
are men of sedition 6 knowing their condition and character,
or carrying 7 from one place to another within His Majesty's
dominions this sort of mischievous persons 8 or the afore-
mentioned destructive instruments 3 or appliances or injurious
articles or acting as intermediaries in such 9 acts or affairs 10
are placed in kyurek temporarily according to the gravity 11
of their acts.

To the above addendum may be addod tho following notes ; —

1 " longboatmen " ; "longboat*" means hor© a row-boat built on the European
model as distinguished from the Eastern " qayiq."

* " means o£ eea or land transport," more literally " things mounted (or l got on')
fox travel by soa or by land."

* " instruments " or " appliances."

4 " taking away n lit. u taking out."
1 "spots" or "localities," "places."

* " men of sedition " : the word used for " sedition " in the Turkish text is " fesad "
(vide note 3 to Art. 49).

' " carrying " or " conveying."

54 OTTOMAN PENAL CODE.

* "mischievous persons." The word used in the Turkish text ia " fesede " (pi.
of " fasid ") j vide note 3 to Art. 49.

fi " such " lit. " these.*'
,0 " acts or affairs " lit. " eases or circumstances/'
u "gravity" Ut. "degree.'*

Art. 59. l — Whosoever without a commission from the
Imperial Ottoman Government or any reason acceptable
to the Government assumes 2 the command of a division
of troops or of a squad of soldiers or of the fleet or of a war-
ship thereof 3 or of a fortress or of a fortified place or of a
harbour or of a town 4 ; and whosoever fails to conform -with
an order of the Imperial Ottoman Government to relinquish
the command of troops to which he is commissioned ; and
every officer in command who, similarly without an acceptable
reason, fails to comply with orders of the Imperial Ottoman
Government for disbanding 5 the troops found under him
and keeps them with him is put to death.

Art. 59 Notes. — " Compare Art. 93 of the French Code Penal : — " Ceux qui,
sans droit ou motif legitime, auront pris le oommandement d'un corps d'armoe, d*uno
troupe, d'uiie flotte, d'une escadre, d'un batimciit dc guorre, d'uno place forte, d'un
poste, d'un port, d'une villa :

" Ceux qui auront retenu, eontrc l'ordre du Gouvernement un eommandement
militaire quelconque ;

" Les commandants qui auront tcnu lour armee ou troupe rassembl6e, apr&s quo
1© licenciement ou la separation en auront eto ordonnes :
Soront punis do la poino do mort."

* " assumes " Ut. " takes."

* " thereof," JL*., of the Imperial Ottoman Government.

* " town " also " city."

1 " disband iag " more literally "dispersal by discharge."

Art. 60. l — Whosoever from amongst those commissioned
to direct or employ the salaried or police troops 2 of the Im-
perial Ottoman Government demands or commands that these
troops should act against the recruiting 3 of soldiers carried
out by order of the Imperial Ottoman Government is punished
with the punishment of perpetual exile ; and if actual effects
of such demand or command are seen that is to say if the
carrying out of the requirement of the Imperial Ottoman
Government in that respect 4 is actually hindered by the
obedience of the commanded 5 military force to such unlawful 6
command the person giving such command 7 is punished
with death and the officers and chiefs of those obeying such
unlawful 5 command arc punished with the punishment of
temporary kyurek.

Art. 60 Notes. — l Compare Art. 94 of the Kronen Code Penal :— " Tout© per-
son ne qui, pouvant disposer de la force publique, en aura rcquis ou ordonnd, fait
requerir ou ordonner l'action ou Tcmploi contro Ja lov6e dos gens do guorre legalemont
etablie sera puuie do la deportation-

OTTOMAN PENAL CODE. 55

" Si cette requisition ou cet ordre ont ete suivis de lour offot, le eoupable sera puni
do mort."

* " salaried or police troops,*' t e f troops of tho regular army (a3 distinguished from
" bashi bozuk " or irregular troops) and the police. For " salaried troops " Nicolaides
usea " raxTiKot, trrparoi, " ; tho French rendering is '* les troupes de hgne."

* " the recruiting " or *' levying " lit. " the matter of taking troops o£
soldiers."

* " m that respect," i e , with regard to recruiting

B u commanded " , it means " which was commanded to do tho improper
acts."

* l< unlawful " lit. " disapproved of," ** unsatisfactory."

7 " the porson giving such command ' lit. " tho commanding person*."

Art. 60 was repealed and re-issued (with modifications)
on 1 Muharrem, 1298 (3 November, 1880). The text [of
the re-issued Article is as follows,: —

Art. 60. 1 — Those who incite the salaried or police troops 2
of the Imperial Ottoman Government to revolt or rebel 3
are put in kyurek in perpetuity ; and whosoever from among
those commissioned to direct or employ these, 4 demands
or commands these troops to act against the recruiting 5 of
soldiers carried out by order of the Imperial Ottoman Govern-
ment is punished with the punishment of perpetual exile ;
and if actual effects of such demand or command are seen
that is to say if the carrying out of the requirement of the
Imperial Ottoman Government in that respect 6 is actually
hindered by the obedience of the commanded 7 military
force to such unlawful 8 command the person giving such
command 9 is punished with death and the officers and chiefs
of those obeying such unlawful 8 command are punished with
the punishment of temporary kyurek.

To the new Article may be added the following notes :—

1 It will be observed that the difference between the new and original Articles consists
substantially only in an addition at the beginning. The text of the new Article may
be found in Djiz-i-kav, p. 932 , Destur, Zeyl, p. 17 , Nicolaides Ott Cod., p 2436;
Young, Corps do Droit Ott , VII. p. 13.

* " salaried or police troops " , a** in note 2 to original Article.

3 "to revolt or rebel" lit ' to cause" — or "to bring about" — a revolt or
rebellion.

1 " these," i,e " such troops."

* "act against the recruiting," ie., "hinder or prevent tho recruiting";
Cl recruiting " , a<* in note 3 to original Article.

* " in that respect " ; as in note -t to original Article.
'• " commanded " ; as in note 5 to original Article

* M unlawful " ; as m not© 6 to original Article.

' " the person giving such command " ; as ui note 7 to original Article

Art. 61. * — Whoever purposely 2 that is to say maliciously 3
burns or demolishes buildings or any kind 4 of storehouses
or magazines for munitions belonging to 6 the Imperial
Ottoman Government is put to death.

56 OTTOMAN PENAL CODE.

Abt. 61 Notes. — ■ Compare Art. 95 of the French Code Penal : — " Tout individu
qui aura incendie ou detruit, par 1* explosion d'une mine, des edifices, magasins,
orsenaux, vaisseaux, ou autres proprietes appartenant a 1'iOfcat, sera puni de mort."

1 " purposely " or wilfully." It roally ia oquivalent to M with malice prepense."

3 " maliciously " or *' perfidiously, 11 or " mischieviously,"

• *' of any kind " ; these words do not qualify " buildings " but only " storehouses
or magazines."

1 " munitions " ; the word qualifies only "storehouses" or " magazines " not
" buildings."

• " bolonging to " ; the words qualify " buildings," " storehouses " and " maga-
zines."

Art. 62. j — Whosoever assumes the leadership of 2 an
armed band of ruffians 3 formed for the purpose of seizing,
pillaging or raiding the emlak 4 or emval 5 or cash 6 of the
Imperial Ottoman Government or the emlak 4 of a large
number of the people 7 or of opposing the Imperial Ottoman
troops 8 moving 9 against the perpetrators of such Jinayets 10
or holds any command in such band is put to death ; and
such of those included in this sort of bands of ruffians as
are not holders of authority 11 or command in such bands
are placed in kyurek temporarily if they are caught at the
place of the disorder. 12

Art. 62 Notes. — - 1 Compare the first part of Art. 96 of the French Code Penal i —
" Quiconque soit pour envahir des domainoa, propriety ou donierg publics, places,
villes, forterosscs, postes, magasins, aracnaux, ports, vaisseaux ou batiments apparte-
nant a l'Etat. soit pour piller ou partager des proprietes publiques ou nationals, ou
eellea d'une generality de citoyens, soit entin pour fair© attnque ou resistance ©nvere
la force publique agissant contra los auteurs de cos crimes, so sera mis a la tete de
bandes arrnees. ou y aura exerce" une fonction ou commandement quelcouque, sera
puni do rnort."

And also Art. 9S :— *' Hors Jo cos oil la reunion seditieuso aurait eu pour objet un
resultat l'un ou plusieurs des crimes enuuce.s aux articlea 80, 87 et 91, les indi vidua
faisant partie des bandes dont il est parte ci-dessus, sans y exercer aucun commande.
mont u£ emploi, ot qui auront 6to saisis sur les lieux. seront punis do la d6portation."

fl " assumes the leadership of " lit. " becomes a head to."

* " of an armed band of ruffians." Nicolaides gives " *v kvoirXy avftfiOfiif" (s=
in an armed gang of malefactors.) The French rendering is simply " de bandes
arrnees." The nature of the " band is really indicated in the context ; the expression
in the Turkish text is almost the same as in note 2 to Art. 57.

* " emlak" (vide not© 6 bo Art. 27).
■ " emval" (vide note 5 to Art. 27).

• *' cash " lit. " ready moneys."

7 " of a large number of tho peoplo " ; of a largo number " is lit. *' of a great mul-
titude." " People," or " inhabitants." Nicolaides translates the passage " xr ft tiara
avi)Kovra tic cotvortjra KtiToivuv w and the French rendering is *' appartenant a
uno communaut6 d'individus." But the meaning of the whole phrase doos not indicate
an attack on '* communal property but on property generally, i.e., not merely a
private attack against an individual.

8 *' Imperial Ottoman troops" lit. "tho troops of the Imperial Ottoman Government.'

* *' moving " or " acting."

10 " porpBtrators of suoh Jinayets" lit. "men of such Jinayets."

11 "authority" lit. "word."

11 " disordor " or " riot." The Turkish word ie " fesad " (vide noto 3 to Art. 49).

OTTOMAN PENAL CODE. 57

Art. 62 was amended by an addendum dated 3 Jemazi'ul-
Akhir, 1277 (17 December, I860), of which the text is as
follows : —

Persons 1 who, going about armed on the mountains or in
the open country, 2 commit the infamous act 3 of catching
and stripping 4 the travellers whom they encounter — which
such persons are styled highway robbers 5 — are punished
with the punishment of temporary or perpetual kyurek
according to their 6 condition and character and to the gravity 7
of their ruffianism 8 ; but those amongst them who are old
offenders in this Jinayet 9 or are men of habitual 10 ruffianism, 8
or who torture or cruelly torment the persons whom they
catch, or who have killed any one 11 in the course of liighway
robbery 5 are condemned J[io^death.

To the above addendiim may da added fch<> following notes i^—

1 The text of thia addendum may be found in Djiz i-Kav, p. 939 ; Nicoloidoa, Ott.

Cod., p. 244-0 ; Young, Corps de Droit, Ott, VII, p. 13 ; Aristarchi, III, p. 224 ;

Walpole, p. 27.

1 *' opon country " lit. ** plains."

• "infamous act" lit. " infamy." "shameful act."

• "stripping": this is literal; it means "robbing," "sacking."

• " highway robbers " lit. " road-cutters."

• " their," i.e., " of the offenders."
7 " gravity " lit. " degree."

• " ruffianism " or "villainy" lit. " brigandage."

• *' old offenders in this Jinayet " ; this means " who liave been proviously guilty
(or ' eonvieted ') of this Jinayet."

10 "habitual" lit. "continuous/' ' v perpetual " {vide note 2 to Art. 173).

11 " any one " lit. " men."

Art. 63. * — Whereas the band of ruffians or bandits men-
tioned 2 in the preceding Article 3 would have the character
of 4 an association, 5 persons who either from afar or at hand 6
administer the affairs of such seditious 7 association 5 or
organize or form such a band of ruffians or knowingly and
willingly 8 supply them with or procure for them 9 arms,
ammunition or other instruments for seditious purposes 10 or
send provisions or victuals to them or on whose part secret
seditious 7 correspondence 11 takes place in any way what-
soever with the managers 12 or commandants of bands of
ruffians or who whilst knowing the object 13 and intention
and condition and character of such bands of ruffians 11 give
them, without obligation for so doing, place to sleep 15 or
to hide in or to assemble 16 are placed in kyurek temporarily. 17

Art. 63 Notes. — * Compare the latter part of Art. 9t> of the French Uodo Penal : —
" Les rnemes peines seront appliquees a ceux qui auront dirig6 F association, leve

ou fait lever, organist ou fait organiser les bandes, ou leur auront, sciomment et volon.

tairement, fourni ou procure des armos, munitions ©t instruments do crimes, ou envoy©

des convois de subsistances ou qui auront do touto autre manicre pratique dos lr.tc-He-

gences avec les directeurs ou commandants des bandes."

58 OTTOMAN PENAL CODE.

And Art 99 : — " Ceux qui, connaisant le but et Ie caractere des dites bandes, leur
auront, sans contrainte, fourni des logements, heux de ratraite ou do reunion, seronfc
condamnes a la pemo des travaux forcos a tomps '

* "mentioned" lit "stated." '* set forth."
8 " preeeduig Article " ie , Art. 62.

4 " have the character of " lit " be in tho form of."

* " an association " lit. " partnership " ; it means a more or less organized body.

* ** at hand " lit " from near." Xicolaides translates the passage " itmtnifttv yj tr
rov ovviyyvi " . tho French rendering is " de pros ou do loin."

* "seditious" not "seditious" in a necessarily political sense. The word la
the Turkish text is " fesad " in its adjectival form {vide note 3 to Art. 4fl).

* " willingly " also '* voluntarily "

* "them" u„ the brigands.

10 " instruments for seditious purposes " ht " instruments of sedition " " Instru-
ments " as in note ',1 to addendum dated 27 Sefer, 132(5, to Art. 58.

11 M correspondence " or " communication
11 " managers " or '' directors."

li " object " or " aim."

11 " bands of ruffians " (vide note 5 to Art 57)
15 " to sleep " Ht " to lie down," " to go to bed."
18 ,l assemble or " meet "

11 It should be obsorvod that Art 63 is repealed by now Art. 45 datod 6 Jcmazi'ul
Aldur. 1329 (4 June. 1911)

Art. 63 was amended by an addendum dated 3 Jemazi'ul-
Akhir, 1277 (17 December, 1860), the text of which is as
follows : —

Those who act as receivers 1 to highway robbers know'ng
their condition and character are likewise placed in kyurek
temporarily. 2

To tho abovo addendum tho following notes may bo added —
1 " act as receivers " Tho words in the Turkish text have the s<*nse both of " har-
bouring thieves " and " receiving stolen property " . and here the word " receivers "
must bo understood to include both meanings Nicolaides translates " XjjnraTo-
Soxoi " and the French rendering is :i rccolcurs "

* This addendum was repealed by new Art, 45 dated 6 Jemazi'ul-Akhir, 1329
(4 June, 1911)

Art. 64. 3 — Those from amongst the persons in such bands
of ruffians 2 who are not holders of any command or function 3
therein, and leave and go away by conforming with the
first order or proposal taking place on the part of the civil
or military authorities for their dispersal or who are even 4
thereafter 5 captured unarmed without resistance in places
other than the locality of the sedition 6 are not awarded the
punishment for seditious persons 7 but are punished for 8
any particular 9 offences if they have personally committed
an3^ ; and such persons are kept 10 under police supervision.

Art. 64 Notes — ' Compare Art 100 of the French Code Penal — •" II ne sora
prononce aucuno peine, pour lo fait de sedition, contre ceux qm. aymit fait partie
do ces bandes sans y exereer aucun commandement et sans y romphr aucun ernploi
ni fonctiona, so seront rotires au pronuor avortiasomont dog autontos civiles ou mill-
taires, ou meme depuis, lorsou'ils n'auront ete saisis que hors des heux de la reunion

OTTOMAN PENAL CODE. 59

6<5ditieuso satis opposor do resistance ©t sans armes. lis no suronb punis, dans ces
oas, que des crimes particulars qu'ils auraient personellement commis et n^anrnoins
lis pourront etre renvoyes pour cinq ans ou au plus jusqu'a dix, sous la survoillunco
flpooialo do la haute police.' *

La Cour de Cassation lias held in France (15 November, 1855) that this Article
(100) is not applicable to offences of attempts under Arts. 86, 87 and 91 and reasoning
on. analogous grounds it would seem that Art (34 of the Ottoman Code would not be
apphrable to attempts made under Arts 55 or 56.

1 " bands of ruffians " , as m note 5 to Art 57.

a "function," more literally ''service," Nicolaidee translates * animata " ; the
French rendering is '* sans v remphr aueun emploi "

4 " even " lit. " al«*o."

6 "thereafter" te., after the first order of the authorities for the disbandment
has been givon

* " sedition " , th<* Turkish word is " fosad " {vide note 3 to Art 49)

7 t: seditious persons" lit ' men of sedition" For ( sedition" ("fusad") {vide
note 3 to Art 49>

' " for " lit "based on" or "grounded on."

* " particular " or " special "
10 " kept " ht " found '*

Art. 65. j — Those who, being of a gang of rebels or ruffians,
before making attempts at 2 rebellion or ruffianism, or before
investigations 3 are commenced report 4 to the officials 5 of
the Government those who are accomplices in the offence
or who after the commencement of the investigations 3 procure
the means of causing the accomplices in the offence to be
arrested 8 are exempt from the punishment to be carried
out with regard to the others ; but they are kept 7 under
police supervision for not exceeding two years.

Art. 05 Notes. — * Compare Art 108 of the French Code Penal. Art 108.
" Seront exemptes des peines prononcees eontre l<*s auteurs de complots ou d'autrea
crime ettentatoircs a la suretc* lntcricuro ou extonourc do l'Ktat, coux des coupabloa
qui avant toute execution ou tentative de cea complots on de ces crimes, et avant
toutes pouTSUites commencees, anront l<*a premiers donne au (Jouvecnement ou
aus autontes administrative^ ou do police judiciaire, connaissancc do cea complots
ou crimes, et de leur auteurs ou complices, ou qui. uienie depuis le commencement d^
poursuites, auront procure l'arrestation des ditu autours on complices I-es coupables
qui auront donne ccs connaissonccs ou procuro ccs ancstutions, pourront noanmoins
ftfcre condamnes a rester pour la vie ou a temps sous la surveillauce do le haute police."

a " making attempts nt " lit. " attempting to " or " daring to."

* " investigations " or " enquiries into " ht " searchings for." It moans " official
enquiries." Nicolaides translates " trpo Tfi<, tvdoZtiuc t&v wtvvm. *

* "report" or *' denounce."

* " officials " or " authorities."

* "airested" or "apprehended."

* " kept " ht. " hold."

AitT. 66. l — Whoever directly incites the people or inhabi-
tants to commit the Jinayets set forth in this Part whether
by delivering speeches or by posting placards or by dis-
seminating 2 printed leaflets in squares or streets 3 or in places
of public resort is punished as if he were actually the per-
petrator of those Jinayets.

60 OTTOMAN PENAL CODE.

But if no actual effect of any sort occurs from such incite-
ments lie is punished with the punishment of perpetual exile.

Art. 66 Notes. — * Nicolaidcs quotes in full (Ofct. Cod., pp. 2442, 2443) a Circular
Instruction issued from the Ministry of Justice dated 10 Muharrem, 1297 (24 Decem-
ber, 1879), in which it is stated that enquiries had been recoived from various quarters
as to what course should bo adopted by the Courts in cases in which owing to the
deficiencies in Part U of this Chapter (Chapter 1) persons although agitating the public
mind and thus fostering disturbance could not bo brought within the existing pro-
visions of the Code : the Circular pointed out that in such circumstances the duty of
the Courts was clearly defined in various Articles of the Code of Criminal Procedure
and that these indicated the roloaao of the accused ; finally the Circular instructed
the Courts to furnish the Minister with memoranda of such cases pointing out the
gaps in the Code in order that the aeoOHflfliy amplification of the law might be effected.
For the result of this Circular vide note 1 to Part I.

* " disseminating " or "propagating," "diffusing."

3 " streets " ; tho word in the Turkish text in " osvaq " which means lit. " market
places" or "streets (or 'row's') of shops," but "streets" is the common
meaning. Nioolaides gives "AyapAff" and the French rendering ia "marches."

Art. 66 was amended by an addendum dated 19 Zilqade,
1309 (15 June, 1892), of which the text is as follows :—

The person too who keeps with him, for the purpose of
publishing, injurious papers or treatises, printed or not printed,
relative to such 1 incitements or corruptions, 2 but who has
not been able to publish them yet, is confined in a fortress
for not less than five years ; and the person who, not being
a man of sedition, 3 only keeps with him such 1 injurious
papers coming into his possession, 4 not producing or giving
them to the authorities 5 of the Imperial Ottoman Govern-
ment, is imprisoned for from one year to three years.

To the above addondum the following notes may bo added : —

* " such " lit. " this kind of."

■ ** corruptions," more literally " seductions " Tho word in the Turkish text is
" ifsadat " (pi. of M ifsad," a verbal noun from " fosad "} ; vide note 3 to Art. 49.
8 " sedition " ; the Turkish word is fosad " {vide note 3 to Art. 49}.

* "coming into his possession'* lit. "passing into his hand."
5 "authorities" lit. " officials."

PART III.

Sets forth Bribery.

Art. 67 — Whatever is received or given, under what-
soever designation 1 it may be, for the purpose of furthering
a design 2 is a bribe. 3 Also if any immovable or movable
property 4 is by way of 5 bribery purchased or sold for a price
which is less or more by an excessive difference than its
value regard being taken of time and place 6 the difference
between the price at which that immovable or movable
property has been sold in this manner and the true value

OTTOMAN PENAL CODE. 61

of it is actually a bribe. 7 Presents, little or much, with the
exception of ordinary gratuities 8 to servants, given either
by women or men at all sorts of festivals and at wedding
assemblies for 10 servants of the State under the designation
of " payendaz " u or under other forced interpretations or
names are also of the effect of a bribe. But small articles
such as fruit or other eatables or beverages presented by
needy persons adopting this as a means of asking for a gift
or alms 12 or exchanged between friends out of affection and
gifts or gratuities 8 given to the needy, to deserving persons
and to servants gratuitously and official 13 and open 14 presents
received by the State with Imperial license are not bribe.
He who either directly in person or indirectly through
his agents receives a bribe is termed " the Murteshi " 15 and
he who gives " the Rashi " 10 and he who is the intermediary
between " the Raish. 17 "

Art. 67 Notes.— 1 " designation " lit. tc nam©."

* " furthering a design." The expression might also be translated " favouring
an object in view " ; it has ft sinister meaning. Nioolaides gives ct Trpoc kirirtvZtv
0KO7rov" and the Fronch rendering is " dans lo but d' assuror la roussite d'un dossoin."

* " bribe " ; the word in the Turkish text is " riahvefc."

* " immovable or movable property " : the words in the Turkish text are a " mulk
or a mal " {vide notos 6 and 5 to Art. 27).

* " by way of " lit. " in the way of."

* " time and place " i " the circumstances under which the sale takes place.'*

7 "is actually a bribo " lit. " is bribo itself." It moans "constitutes a bribe."
Nicolaides rendors the phrase " an-oreX,*-! at'm'ncttrjua ^wpoSoKtav " ; and the French
rendering is " eonstitue r importance dn don."

8 gratuities " ; in the Turkish text " bakhshish " lit. " monoy prosenta."
8 *' to servants " lit. " given to servants."

10 " f or »' lit. " as special to." It might he loosely translated " dostinod for " or
*' intendod for " but it has a shado of meaning hero which convoys a sonso of " appro-
priation." It undoubtedly moans to refer to presents for the acceptance of which
by officials some vague or pretended custom or claim offer a moro or leas plausible
excuse or explanation.

11 " payendaz " ; a Persian word meaning a thing cast at the feet or undor tho
feet of a great personage ; especially a carpet spread for a king to walk upon ; also
a gift laid at the feet The French rendering of this passage dop.*rt3 considerably
from the Turkish text ; it reads thus :

" II en eat de mT'ino do tout cadeau plus ou moins considerable appele ' payendaz. '
ou oouvert d'un autro nom ou pretext© donne ou par dos fommes ou par des hommoa
a 1'occaaion d'un mariage ou de toute autre fete des fonefcionnairos et employes do
TEmpire. Sont excepted neanmoins les gratifications d'usage accordees dans ees
occasions aus gens de service."

18 '* adopted this as a moans of asking for a gift or alma." More Htorally " taking
it as a ground of the request for ^rant or alms."

u " official M ; the -word in the Turkish text is " resmi " which also moans " cere-
monial " or ' formal."

14 " open " lit. " undisguised," i.e., with no secrecy or pretext.

18 " Murteshi " : " briboe." French " corrompu " ; Greek " $tanoM)Trrij£."
16 " Rashi " : briber." French " corruptour " ; Greek " c'wpoodr/je."

19 " Raish " : "the go between." French "agent de la corruption"; Greek

62 OTTOMAN PENAL CODE.

Art. 67 was repealed and a new Article substituted on
6 Jemazi'ul-Akhir, 1329 (4 June, 1911). The text of the
new Article is as follows : —

In the same way as money received, or goods taken
under the designation 1 of present, or other advantages secured,
by judges or generally by 2 officials or by elected or appointed
members of any official Council 3 who undertake 4 official
duties or functions, 5 or by persons who being private indi-.
viduals are charged with an official duty as 6 an arbitrator 7
or expert, or by advocates in order to do or not to do the
thing which they are 8 by 9 law or regulation bound 10 to do
or to do or not to do the thing which they are bound 10 not
to do, is bribe, so also the excessive difference between
the actual value and the price named of cmval 11 and cmlak 12
purchased or sold by them with this object 13 at a low 14 or
increased 1,1 price is a bribe. 16

To the above new Article may be added the following notes : —
1 "under the designation" lit. "by the name."
a "by" lit. "by all," i.e., " by any."

* " of any official Council" lit. "by all official Councils."

* "who undertake" or "undertaking."

* "functions'* lit. "services."
6 " as " lit. " such as."

T " arbitrator " or " referee."

8 " they are" lit. " he is."

9 " D y » OP « according to."

10 " bound " or " obliged."

" " emval " (vide note 5 to Art. 27).
" " emlak " {vide note 6 to Art. 27).

** " with this object " lit. " based on this object ; it means " with a corrupt
object."
M " low," i.e., improperly low.

11 " increased," i.e., improperly excessive.

" The meaning of the last paragraph of this Article is that it is regarded as an
offonce of bribery when persons of the catogory referred to in the Article with a corrupt
motive deal with property at a fictitious value.

Art. 68. — A Murteshi, 1 whoever he may be and in what-
ever rank, position 2 or office he may be situated, 3 is, after
firstly the bribe which he has received has been taken back 4
from him as a fine on the Rashi 5 and after as much again
has been taken from such Murteshi as punishment upon
himself, 6 temporarily confined in a fortress if he has com-
mitted this Junha for the first time and becomes liable 7 to
the punishment of dismissal 8 for a period of six years.

Abt. 68 Notes. — * " Murtoshi " (vide note 15 to original Art. 67).
8 " position " ; it means " official position."

* ** situated M lit " found."

* " takon back " : " recovered."

OTTOMAN PENAL CODE. 63

1 " Rashi " (vide note 16 to original Article 07).

* " himself " ; the Murteahi, of course.
■ "liable to" lit. "deserving of."

' "dismissal": "dismissal from office."

Art, 68 was repealed and a new Article substituted on
6 Jemazi'ul-Akhir, 1329 (4 June, 1911). The text of the
new Article is as follows : —

The Murteshi is confined in a fortress temporarily after
the money taken 1 by him has been recovered from him in
twofold or after an amount equal to the cash or advantages
promised 2 have been taken from him as a fine ; and if the
act performed by him has been the cause of a right being
injured 3 the punishment of confinement in a fortress cannot
be less than five years.

To the new Article may bo added the following notes :—

1 " takon," i.e. j " received."

s " promised " more literally " undertaken."

1 "a right being injured," i.e., a wrong being done.

Art. 69. — A Rashi, 1 whoever he may be and in whatever
rank, position or office he may be situated, 2 is, after the bribe-
money given by him has been taken from the Murteshi as
a fine on him 3 as stated in the preceding Article, temporarily
confined in a fortress if he has committed this Junha for
the first time and becomes liable 4 to the punishment of dis-
missal 3 for a period of six years exactly as is a Murteshi.

Abt. 69 Notes. — l " Rashi " {vide note 16 to original Article 67.)

* " situated " ; as in note <i to original Art. 68.
» " him " : the Rashi.

« " liable " (vide note 7 to original Art. 68).
s " dismissal " : '* dismissal from office"

Art. 69 was repealed and a new Article substituted on
6 Jemazi'ul-Akhir, 1329 (4 June, 1911). The text of the
new Article is as follows : —

The amount paid 1 or promised 2 by the Rashi is taken
from him as a fine ; and if it is proved that he has given
this bribe in order to injure a right 4 he is confined in a fortress
temporarily.

To the new Article the following notes may be added : —
1 l< paid " lit. '* given."

* ll promised " ; as in note 2 to n&w Art, 68.

* '* is proved " lit. '* becomes established."

* " to injure a right," i.e., to cause a wrong.

Art. 70. x — A Raish, 2 whoever he may be and in whatever
rank, position or office he may be situated, 3 is temporarily
confined in a fortress if he has committed this offence for

64 OTTOMAN PENAL CODE.

the first time and becomes liable to the punishment of dis-
missal 4 for a poriod of six years exactly as are a Murteshi
and Rashi.

Art. 70 Notes. — l This Article was rcpoaled on 6 Jemazi'ul-Akhir, 1329 (4
June, 1911). A Raish is now regarded as an ordinary accomplice and as such would
be dealt with under new Art. 45. (Report of the Ministry of Justice: Tevfik Tak f
p. 26.)

* "Raish" (vide note 17 to original Art. 67).

3 "situated" ; as in note 3 to original Art. 68.

4 " dismissal " : " dismissal from office."

Art. 71. x — Further 2 in the event of a Murteshi or Rashi
or Raish not being men of rank or office punishment is
inflicted upon 3 them exactly as in the case of holders of
rank or office.

Art. 71 Notes. — , This Article was repealed on 6 Jemazi'ul-Akhir, 1329 {4
June, 1911). This Article is abrogated aa superfluous there being in the eyes of the
law no distinction between a holder of rank and non-holder of rank. (Report of the
Ministry of Justico : Tevfik Tok, p. 25.)

* " further " lit. " also."

* "upon" lit. "with regard to."

Art. 72. x — If a Murteshi belongs to the female sex and
has a husband and it becomes manifest by being proved
that his cognizance is also joined in the matter of the bribery
the bribe which has been received is in like manner recovered
from them in twofold and the punishment for a Murteshi
stated in Art. 68 is carried out with regard to them both
on the woman and her husband.

And if the female Murteshi has no husband or if she has
one and it is not proved 2 true on trial that he had knowledge
or consent in the matter of the bribery she is, after the
pecuniary 3 punishment has been carried out with regard
to her only, imprisoned for one year.

Art. 72 Notes. — * This Article was repealed on 6 Jemazi'ul-Akhir, 1329 (4
June, 1911). Presumably the husband of a female Murteshi, now that this Article is
abrogated, would be dealt with as an ordinary accomplice under Art. 45 ; whilst a
female Murteshi would bo doalt with in tho same way as if she were a male.

■ "proved" lit. "become certain.**

* " pecuniary punishment," i.e., fine.

Art. 73. * — In the case also of a female Rashi— that is to
say a woman who gives a bribe, — or of a female Raish — that
is to say a woman who is an intermediary in a bribe, — and
of their husbands if privy 2 to the matter of the bribe exactly
the punishment for a female Murteshi, as stated in the pre-
ceding Article, is carried out with regard to them.

OTTOMAN PENAL CODE. 65

Art. 73 Notes — l This Article was repealed on 6 Jemazi'ul-Akhir, 1329 (4
Juno, 1911). The same remarks here apply 03 in Note 1 to Art. 72.

* ** privy " lit. " of one accord " or " unanimous." Nicolaides translates *' 6
ovvaiv'tffac evZvyo£.''

Art. 74. 1 — Where a person has been guilty once of the
offence of receiving a bribe and has undergone his legal
punishment therefor, if he commits for the second time this
offence 2 again, the bribe which he has received is recovered
from him in twofold and he is temporarily confined in a
fortress for not less than five years 3 and in addition 1 there
is also awarded the punishment of perpetual deprivation
of rank and office.

Art. 74 Notes. — 'This Article was repealed 011 Jcmazi'uI-Akhir, 1329 (4
June, 1911). Since the abrogation of this Article a recidivist would presumably be
dealt with under now Art. 8.

* "offence" lit. "ignominy." ' "infamy,** or "shameful act."

3 " five years " ; it will be observed that this is a minimum punishment and
severer than that proscribed in Art. G8 for a first offender.

* "in addition" lit. " together with it*' or "at the samo time."

Art. 75. l — A recidivist 2 Rashi and Raish also are likewise
confined in a fortress for not less than five years and in
addition 3 the punishment of perpetual deprivation of rank
and office is also awarded.

Art. 75 Notes. — 'This Article was repealed on 6 Jemazi'ul-Akliir, 1329 (4
June, 1911). The same remark applies here as in Note 1 to Art. 74.

a " recidivist " lit. *' ropontor " {vide also Art. 8, note 2. Arts. 74, 75 are exceptions
to the general rule as to the punishment of recidivists laid down in Art. 8).

* " in addition " ; as in note 4 to Art. 74.

Art. 76. — Where no money or good.s have actually 1 been
received 2 or given as bribe but it is proved 3 and found to be
true on trial that a bond or obligation has been given for
it 4 or even no bond has been taken but onlv a definite 5 aiiree-
ment has been made 6 for the exchange 7 of a bribe and- that
the non-execution 8 of such 9 agreement has been due to 10
some impediments which the Rashi and Murteshi could not
avert 11 then 12 such 13 agreements are looked upon exactly as
if a bribe had been received 2 or given, and upon 14 those who
are guilty of 15 this the punishments for a Murteshi, Rashi
and Raish are inflicted 16 ; provided that in this case a sum
of money equal to the amount of 17 the bribe which has been
agreed upon is taken and collected from the Rashi and an
equal amount 18 from the Murteshi as a fine.

Art. 76 Notes.— 1 " actually " lit. " yet " or " as yet."

* "received" lit. "taken."

1 "is proved" lit. " becomos established."

G

66 OTTOMAN PENAL CODE.

I "for it," more literally "regarding it." The passage means that a bond or
undertaking has been given by which a promise to give the money or goods forming
tho bribe has been entered into.

s " definite " lit. " special."

a '* has been made " lit. " has taken place."

7 " for the exebango n lit. " on tho giving over to one another."

■ " non execution " lit. " not coming into effect."

• " such " lit. " this."

10 * l boon due to " ]it " orison from,"

II " avert" lib. "remove," " ropol,"

11 *' then " ; this word is not in the Turkish text but is inserted for clarity

13 "suoh" lit. "this eort of."

14 "upon" Kb. "with regard bo."

14 " are guilty of" lit. "have committed."
16 " inBictcd " lit. " carried out."

15 a sum of money equal to the anount of " lit. " money to tho amount of."
18 *' an equal amount. " lit. " as much again."

Art. 76 was repealed and a new Article issued on 6 Jema-
zi'ul-Akhir, 1329 (4 June, 1911). The text of the new
Article is as follows : —

Where no money or goods have actually 1 been received 2
or given as bribe but it is proved 3 and found to be true on
trial that a bond has been given for it, 1 or even no bond
has been taken but only a definite 5 agreement has been
made for the exchange 7 of a bribe and that the non-execution 8
of such 9 agreement has been due to 10 some impediments
which the Rashi and Murteshi could not avert, 11 then 12
such 13 agreements are looked upon exactly as if a bribe had
been received 2 or given, and those who are guilty of 15 this
are punished in accordance with Arte. 68 and 69. 1

To tlie above new Article the following note may bo added : —
1 The note*; to the original Art. 70 also apply, as numbered, to the above new
Art. 76.

Art. 77. — Where a man becomes really obliged and forced 1
to give a bribe to some one in order to save his life or propertj'
or honour or, in short, 2 his lawful interest and afterwards
reports the matter to the Government the money which lias
been given by him is recovered and given back to him and
with regard to the person who has taken this bribe the punish-
ment tor a Murteshi is carried out and if such 3 man does
not report, as indicated 4 above, the bribe thus given by
him under compulsion 5 in due time — that is to say at the
moment when the cause of compulsion and the fear and awe
which lie had have disappeared — by petition to the exalted
Grand Vizieriate if in Constantinople or if he is 6 in the pro-
vincics to the Vali 7 or the Local Mejlisses 8 — and it is heard
from other sources 9 he is simply punished with the punish-
ment of a Rashi.

OTTOMAN PENAL CODE. 67

Art. 77 Notes. — ] " forced " ; it horo means " forced by necessity."
« "in short" Ut. " anally," " in one word."
« "such" Ut. "this"

• " indicated " lit. " written."

• " compulsion, " i.e., lt a condition of constrained necessity." (Vide not© 2 to
Art. 42.)

• "is" lit. "is found."

7 " VahV i.e.. ** Provincial Governor."

9 " Mejlisses," i.e., " local Administrative Councils."

• " from other sources," lit. "from another side."

Art. 78. 1 — If a man has a just business 2 and money is
demanded by the official to whom he is obliged to apply
for the conduct 3 and settlement of it and he 4 too comes
and reports and proves it 5 then 6 in addition to 7 the settlement
of his business according to justice the money which has
been demanded of him is taken from the person who has
demanded it and half of it given to him 8 by way of reward
and with regard to the person 9 who has demanded the bribe
the punishment of a Murteshi is carried out.

Art. 78 Notes. — l Compare Art. 177 of the French Code Penal :—" Tout fonc-
tionnaire public de l'ordrc administratif ou judiciaire, tout agent ou pr6pos6 d'une
administration publique, qui aura a«n4e ties offres ou pro messes ou re-n des dons
ou presents pour faire un acte de sa fonetion ou de son emploi merne juste, (n&ifi non
sujet a salaire, sera puni do la degradation civiquc, ot condamnc *t uric amondc. double
de la valeur des promesses ugre&s ou des choscs replies, sans que la dib amende puisse
§tre inferieure a deux cents francs.

1 La prcscnte disposition eat applicable a- tout fonctionnairc, agent ou prepose de
la qualhY: ce-dessus exprimeo, qui. par offres ou promesses agrees, dons ou presents
recus, se sera abstonu do faire un acte qui entrait dans l'ordre de ses devoirs." (Loi,
28 Avril, 1832.)

• " a just business *' lit. "a business near (or ! joined ') to justice." It means
" a proper and lawful transaction.*'

• tl conduct " or " hearing ass a law suit " lit. " aooing to (a thing)." Nicolaidos
translatcg " rc fa%aywy$v " (conduct, management) (vide note 3 to Art. 153).

• " he " : l * tho person who has the business.*'

6 " it " ; " the demand for the bribe. 1 '

• '* then '* ; this is inserted in tho translation for clarity.

7 " in addition to" lit. " besides," "apart from."

• M him " : the " person who has reported and proved the demand for a
bribe."

•.*., " tho official bribed."

Art. 79. — if a person to whom a bribe is offered 1 for any
purpose 2 whatsoever reports the matter to the office of the
Prime Minister 11 in Constantinople or to the highest authority 4
or to the Mejlis 5 of the place where he is situated 6 if in the
provinces within two months at most before it is heard
from other sources 7 either before or after he has received
such bribe and delivers up the money in case he has received
it approbatory treatment is carried out with regard to him 8 ;

G2

68 OTTOMAN PENAL CODE.

and, if the money has not yet been received, after that
amount of money has been taken from the Rashi by way
of fine the other punishments specified with regard to a Rashi
as stated above are also carried out with regard to him 9 .

Art. 79 Notes. — '"offered" more literally " tendered."

2 " purpose- " or " matter."

s M the office of tho Prime Minister " ; the expression is not identical with tho
phrase " the Exalted Grand Visieriate " used in Art. 77 but no doubt it means the
same : the text is careless.

« "authority" lit. "official."

6 M Mejlis," i.e., the Mejlis-i-Idare — tho Administrative Council. It means generally
any official Council, Board, Court, or Tribunal.

6 •■ situated " lit. " found."

7 " from other sources " ; as in note I) to Art. 77.

8 ' approbatory treatment is carried out with regard to him." Nicolaides translates
this phrase " airovkfmvTai avry trmvoi " (praises are bestowed on him). The French
rendering is " sera Fob jet d'uno approbation officielle."

fl " him " : " the rierson who offered the bribe."

Art. 80,-- If any person whatsoever in the service of
letting out the State revenues 1 who, whilst there are other
intending purchasers 2 of the State revenues, lets out the
same at a low 3 price by receiving money 4 or by minding 5
his own personal interest such official who commits this is
regarded as a thief G of State property and is punished with
the punishments for theft hereinafter 7 provided in Art. 82
in Part TV.

Art. 80 Notes — - l " in the aerviee of letting out tho State revenues." The phrase
refers to tho praotico in tho Ottoman Empire of selling to tho highest bidder or tondorer
the right and authority of collecting taxes of various kinds in different localities.
Nieol&idea translates thus " d ivi rno vapavuo^oeuc t&v Htjfutfflwv irpeaSSoiv vtt<j\-
XfjXoc " j the French runs " charge d'un omploi dans ['adjudication des revenues de
l'Etat " ; Walpo'e writes M employed in the lotting to farm of tho revenues of the
State " ; " ihaltV' the Arabic word fur " lolling out " in tola Article, is translated
'" assign mont " {vide note "2) in Art. 88.

* " intending purchasers " lit. w demaadors." Tn a public auction tho word signifies
a " bidder," i.e., '' demanding " or " intending (to purchase) by outbidding others."
It would include, of course, tenderers.

J " at a low price " ; it means that he does not assign to tho person who offers most.

* "receiving money," i.e., taking a bribe.

* "minding" lit. "looking to."

* " thief " or " purloiner."

' " hereinafter " lit. " as below."

Art. 81- l — Tf a person gives a bribe to another person in
order to make him perpetrate a Jinayet and if such Jinayet
is one of those Jinayets which call for a heavier punishment
than the punishments for bribery mentioned above, after
firstly only the money which has passed 2 has been taken
from the Murteshi — that is to say the person who has received

OTTOMAN PENAL CODE. 69

the money and perpetrated such Jinayet — he, as well as the
Rashi — that is to say the person who has given the money
and caused such Jinayet to be perpetrated — and the inter-
mediary 3 if any between them 4 are punished with the
punishments provided in this Imperial Penal Code for those
who perpetrate such Jinayet or cause it to be perpetrated
and those who are intermediaries therein.

Art. 81 Notes. — * Compare Act. 178 of the French. Code Pdnal. Art. 178- 'Dans

le cas ou la corruption aurait pour objet un fait criminel emportant une peine plus
forte uue cell© de la degradation civique, cottc peine plus forte sera appliqueo aux
coupables."

1 " passed " lit. " been given (op B delivered ') to one another " or " given and
received," " exchanged."

* "intermediary," i.e.. "the Raish."

* "them," %.e, "the Murteshi and Rashi."

PART IV.

Theft of State properties a^d other corrupt acts.

Art. 82. 1 — Whoever steals State properties or goods in
cash or in kind is, after the thing which he has stolen has
been in twofold recovered and taken back from him and
delivered over to the Treasury of the State, confined in a
fortress for not less than five years 2 and in addition 1 * the
punishment of perpetual deprivation of rank and office is
also awarded.' 1

Art. 82 Notes. — ' There is no Article in the French Code Penal from which this
Article can be said to be taken. The French Articles N03. 1G9-173 which are perhaps
the nearest in senso are baaed on somewhat different lines.

2 " five years.'* The punishment is thus temporary confinement in a fortress
{i.e., up to fifteen years) with a minimum of rive.

3 " in addition " lit. " together with."

* Nicolaides OU. Cod., pp. 2447-9) givos the text of a long Yizieriel decree dated
5 Rebi'ul-Akhir, 1292 (U May, 1875). Fop the Turkish text vide Kazif Boy's
Qavanin-i-joza'iyoh Jlojmuasi (p. 41).

It lays down that labourer and employes, working in the public departments on
a daily or monthly salary, are not considered as Government servants but as hired
employes of their respective departments and fchorofore if they steal anything from
the deportments in which they thus work they must according to the circumstances
of each case b© punished according to the Part of the Penal Code relating to theft
and must bo regarded as having committed the thoft in tho capacity of hired servant
and are not exempt even if they have only worked for one day. Where there are no
aggravating circumstances thosw who steal things of little value should be punished
under Art. 222. Tho decree furthor lays down that feeble doora of wooden buildings
shut by wooden or iron springs or bolts or tied with rope or the like or weakly nailed
up are not regarded as fastened within the moaning of the law ; pincers, crowbars,
and spikes by which doors, except when iastoned as boforo montionod, are openod
are regarded as housebreaking implements, (vide Art-s. 220 and 222).

70 OTTOMAN PENAL CODE.

Art. 83. — Whoever commits corruption in any way what-
soever it may be by introducing fraud 1 into the sale or
purchase or into the price or quantity or into the making 2 of
any sorts of goods to the purchase or sale or manufacture
of which he is for the account of the Imperial Ottoman
Government commissioned xindergoes, since he is a thief, 3
the punishment provided in the preceding Article.

Aki\ S3 Notes — * " introducing: fraud " lit. " mixing fraud (or ' perversion *) ."
N"ieolaidcs uses the word " Karaxf"" 1 ^^ " The word for "fraud" in the Turkish
text is l4 fcoead " {vide note 3 to Art. 49).

2 "making" or "manufacturing.''

8 " sine* 1 ho is ft thief" lit. "as he will be a thief."

Art. 84. — Where thieves of this sort are not men of rank
or office they are nevertheless punished in manner set forth
in the above i\.rticles exactly as are holders of rank and

officials.

Art. 85. — Those from amongst the officials of the Imperial
Ottoman Government who receive money by way of dis-
counting pay-warrants 1 or vouchers 2 for State debts 3
which maj r be in the hands of claimants or who receive or
accept money or other presents from claimants as consi-
deration for the payment of their claims are, after whatever
may be the money or goods which they have received has
been recovered 4 from them, temporarily confined in a fortress ;
and if any of the attendants 5 of the household of or relatives
or connections of such officials commit with their 6 permission
this discounting of pay-warrants these punishments 7 are
exactly carried out both on them 8 and on the official who
permits it.

Art. 85 Notks. — * " By way of discounting pay-warrants." The practice which
is hero aimed at may, with convenience, bo thus explained. The Government
Treasury was accustomed to issue documents which were orders on the Pay Depart-
ment to pay out moneys : at times the cash available was insufficient and a pay office
otfieial was in a position to exercise considerable influence by giving preference to
certain of the voucher holders ; if he received a consideration (by way of discount
or otherwise designated) for thus preferentially cashing individuals' vouchers he
committed an offence under this Article.

The word used for " pay-warrants M is ct Scrgui " which means i! a kind of note
or cheque payable at a public pay-office."

2 " vouchers " lit. " deeds " {aide note 10 to Art. 143).

* " for State debts " ; these words qualify both " Treasury bonds " and " vouchers,"

* "recovered" lit. 'taken hack."

6 ** attendants " or " suite."

fi " their," i.e., of such officials.

7 " these punishments." i.e., the punishments mentioned in the first part of the
Article.

8 " them/ 1 i.e., the persons comrnittine: the offence.

OTTOMAN PENAL CODE. 71

Art. 86. J — All officials great or small if they do not pay
in full to the owners 2 the remuneration of the workmen
employed by them 3 by virtue of their office 4 for manufacture
or transport or the price of goods determined 5 or if they
pay deficiently or make the workmen work without payment as
" angaria ,,fi are, after recovery from them of twice the profit
made by them by this means, 8 the one 9 in order that it may
be given to the owners 2 as against 10 remuneration or value 11
and the other 12 to be a fine, temporarily confined in a fortress.

Art. Sfi Notks. — l There is some slight similarity between this Article and Art.
174 of tho French Code Penal.

9 (t to the owners " ; it> means " to those to whom the moneys are due/'

3 " by them '* : ** by such officials."

4 " by virtue of their office " s "in the course of their official duties."

* " determined " ; it qualifies both "remuneration 11 and "price of goods."

* "angaria,'* i.e., "forced labour without payment." The "corvee" system is
called " angaria."

5 "twice" lit. "twofold."

* "by this means" more literally "because of this."

9 " the one," i.e., tho one -half of fcho total amount takon from the offender.

10 " Qg against," i.e., " by way of compensation for the remuneration or price of
goods due which was not paid but pocketed or detained by the offending official."

11 " valuo " or "price" of goods.

12 "the other" {vide note 9 above.)

Art. 87. — If any of the great or small officials employs
an incomplete number of the policemen 1 assigned to the
protection of the country or to the service of revenue col-
lection 2 and receives in full their salaries, or by taking away 3
existing policemen altogether from their original service 4
assigns them to work as servants in his private household
or by entering the servants of his household on the list 5 of
policemen receives their salarj r and gives it to them, G then, 7
he, after double of whatever sum the salary he has received
for deficient men 8 or taken for the man 9 he has employed
in his household or received and given to his servants under
the designation as policemen may amount to has been taken
from him, is temporarily confined in a fortress.

Art. 87 Notes.— 1 " employs an incomplete number of tho policemen" lit.
" employs deficiently tiic policemen." It moans the employment of a smaller number
of men than the one fixed.

2 " revonuo collection " lit. " collection " simply.

8 "taking away" lit. "parting" or "separating."

4 ** service " or "task," "duty."

* "list" or "roll," "register."

* " to them," i.e., " to the servants of his household."

7 " then " ; this is inserted in the translation for clarity.

" " deficient men," i.e., tho number of polioemen falsely returned as having been
employed.

* ""man,' 1 i.e., policeman.

72 OTTOMAN PENAL CODE.

Art. 88. — Officials or other persons who behave or act
in any waj r so as to impair or derogate from 1 the provisions
of the Articles as to auction and assignment 2 of the Law 5
relating to revenues 4 which are farmed out under contract, 5
or as to be contrary to such Law are dismissed from office
and imprisoned for from one year to two years or exiled
for from two years to three years and the loss accruing to 6
the State Treasury from 7 such action of theirs is caused 8 to
be made good by them.

AitT. 88 Wotes- — l " derogate from " or " vitiate," i.c, rendor moro or loss in-
effective. The word in the Turkish text is " ifsad M (" fesad " in its verbal form).
Vide, note 3 to Art. 49.

1 " assignment," i.e., awarding to the highest bidder or tenderer.

3 M Low " i the word in the- Turkish text is " niz.am, ,! {vide note 2 to Art. 15).

* " revenues " ; the word in the Turkish text is " ernval " (vide note 5 to Art. 27).
It here means state revenues, of course.

* "farmed out under contract" lit. " farmed out at a fixed price." The Article
refers to the practice (previously explained in note 3 to Art. 29 and not© I to Art 80)
of letting out to tenderers the right and authority to collect the Stato imposts.

* " accruing to " lit. " appertaining to."

* "from" or "in consequence of."
8 " caused " or " made."

Abt. 89. 1 — All officials, great or small, of the State who
in the sale or purcha»se for the State of goods or necessaries,
in matters considerable or trivial the administration or
superintendence of which they are commissioned to, 2 trade, 3
for their own profit, either openly or secretly in person or
indirectly 4 or by way of partnership or who in cases of
manufacturing or building 5 undertake or become partners
with those who undertake work by contract 7 are dismissed
from office and exiled for from one year to two years and
if they take any commission in such dealings for the State 8
or derive profit in the exchange of monej 79 or specie 10 arc in ad-
dition to 11 dismissal from office punished with imprisonment
for from one j r ear to two years or exile from two to three years.

Abt. 89 Notes. — * There is some slight similarity between this Article and Art.
175 of the French Code Penal.

s " commissioned to " or " charged with."

3 " trade " or " traffic."

1 M indirectly " \ aa in note 2 to original Art. 55.

s " in cases of manufacturing or building " lit. " in manufacturings or buildings."

6 "undertake work" lit. " undertake," simply.

7 " by contract " lit. " fixedly, 11 i.e., at a fixed price. It also means " by the piece
(or job)."

8 " dealings for the State " lit " taking and giving {i.e., purchase or sale) for (or
by) tho State"

* " money " lit. " cash." It would include paper monoy.
19 " specie " or ** coins."

u "in addition to" lit. " togother with."

OTTOMAN PENAL CODE. 73

Art. 90. — Civil and financial officials who misappropriate 1
in any way whatsoever State property 2 or allow such to be
misappropriated by others are dismissed from their office
and imprisoned for from three months to two years or are
exiled for from six months to three years.

Art. 90 Kotks. — ^'misappropriate" lit. "pass to their credit" or " let pass
into one's own responsibility " in the sense of improperly doing so. Nioolaides translates
the passage thus ll o\ tar aor if av7t<; tavroinj v<pei\ira£ Oijuovitov x % «^**«rwv, fy iTciTpk'^avTtq
va 7i*i>r(A#uoi rovTa er't; x ( 'P«t aWuv ' and the French rendering is ' l auronfc fu.it passer a
leur comptolasdenierade I'Etatoufairilite un dfilit du memo ^eure en faveur d'un tiers."

s *' property " ; the word in the Turkish lest is " mal " {vide note 5 to Art. 27).

Art. 91. — From persons who being commissioned to 1 the
purchase of or contractors for supplies 2 for the land or sea
forces 3 occasion default or impairment of the military supplies 2
the fault 4 lying with them 5 alone, there is taken, after what-
ever money, if any, they may have received on account for
the price of the goods the purchase of which has been con-
tracted for, has been recovered from or caused to be made
good by them, 5 a fine equal to one-fourth of the compensation
so 6 recovered. 7

Art. 91 Notes. — ■ " commissioned to" or " chargod with."
8 " supplies " more literally ''necessaries,*' " requisites."
3 " forces " lit. " troops."

* tl fault " lit. " cause.'*

6 " them," i.e., such persons or contractors.

* " so " ; this, is inserted in the translation for clarity.
' "recovered" lit. "received" or "taken."

Art. 92. —If any State officials assist persons who occasion
impairment in the matter of purchases for the State they
are imprisoned for three years.

Art. 93. — If things relative to military supplies, the
manufacture or purchase of which has come under contract
or agreement 1 can not be delivered 3 in due time without
any acceptable excuse and are delayed or fraud or corruption 3
has been introduced 4 in connection with 5 the quality, character
or quantity of the goods to be supplied or manufactured
a fine equal to one-fourth of the necessary compensation 6
payable by them is also taken.

Art 93 Notes. — l " agreement " lit "undertaking'* or "'engagement.'*

delivered" lit. " given " or " funiiahod.'

corruption " ; the word in the Turkish text is * fosatl " (vide note 3 to Art. 49).

introduced" lit. " mixed with" or" allowed to interfere with."

in connection with " lit. " into."

necessary compensation," This is quite liberal but it moans tlio " damages
which they have to pay." The French rendering is " des dommagea-intoreU qu'ils
eoronfc tenus de payer." Kicolaides paraphrases the paragraph.

74 OTTOMAN PENAL CODE.

PART V.

Those who abuse the influence or their office and

POSITION AND WHO DO NOT FULFIL THE DUTIES 1 OF THEIR

OFFICE.
Part V Note. — 1 " duties: " lit. " duty."

Art. 94. — In all kinds of legal proceedings 1 the hearing 2
of the pleading and trial of which is in hand, 3 any person,
whoever he may be, being at liberty to give information
verbally or in writing to the Courts or Councils 4 for merely
serving j ustice 5 and the help of such communications towards 6
adjudication being of the grade of conjectures and indi-
cations, 7 therefore such practice 8 being excepted, if any
kind of order, solicitation or request 9 takes place on the
part of great or small officials in any other manner through
protection or spite, 10 in favour of or against the Plaintiff or
Defendant, 11 personally or by intermediary in writing or
verbally the degrees of the punishment accruing with regard
to this kind of official 12 or with regard to Courts or Councils
acting contrary to rule 13 in this way are set forth as below.

Art. 94 Notes.— ' " legal proceedings. 1 ' The word in the Turkish text is " da'avi "
(pi. of " da'va ") which might be translated as " cases " or " actions." It is a general
word including both civil and criminal proceedings.

7 " hearing " ; as in not© 3 to Art, 78.

a "in hand/' i.e., "in the coarse of progress,*' "pending" or "sub judice."
The French rendering is " on instance."

* " Councils." The word in the Turkish toxt is " Mejalis " (pi. of mejlis ") ».«.,
Administrative Councils {vide noto 5 to Art. 79).

5 " for merely serving justice," i.e., in the cause of justice, Nicolaides translates
" t'srip TOu Citation /(f^i/.j-wy."

« " towards " lit. " to."

7 " of the grade of conjectures and indications. 1 ' This is literal. The French
rendering is '* rocues & titrc do simples indications " and Nicolaides translates the
phrase " nuvov tin,- it'Ctiltic *"«' d7rAd TtKf.n)pt<i" The phrase means rougldy " of the
nature of circumstantial \msupported evidence."

8 " practice " lit. " rule," * principle."

• " order, solicitation or request." This association of words frequently occurs
in this Part. Nieolairios uses the words " >) Sutrav^, y\ aitwOiQ xai t) w<*(»«*A>/<r/(,\" and
the French rendering is " tout ordro, toute domande ou prierc."

10 " through protection or spite," i,e. f " with the desire of protecting or injuring."
Nicolaides translates " \oyy vTfiiaairitinoQ 1) ira(Jov<;. ,>

51 " plaintiff or defendant." This must bo road as moaning oithor party in oithor
civil or criminal proceedings.

u iV official " ; the word is plural in the Turkish text.

M "rule " or "principle." Nicolaides paraphrases tho passage and uses the word
" TTttpavafHdt;" Tlie French rendering does not follow the Turkish text.

Art. 95. — If the interference taking place in manner
stated above has taken place as 1 an order or domination
or overbearing 2 through the influence of the position of the

OTTOMAN PENAL CODE. 75

office of an official, on its being repulsed 3 and made known
to the State by the Councils or Courts such official is punished
with the punishment of dismissal. If this interference takes
place as 1 a solicitation or request, on its being similarly
repulsed 3 and made known to the State by the Courts or
Councils a fine of from ten Mejidieh gold pieces 4 to fifty
Mejidieh gold pieces is taken from the person who has made
this request or solicitation.

Art. 95 Notks. — ' "as" lit. "in tlio shape of," " in iho form of."

2 " order or domination or overbearing." Nicolaicles translates " !>>ro rov ruirov
8itiTciyi}<;, iirtfioXijQ i} i<Ciaffkt^ij." The French rendering is ''an moyon d'un ordro on
d'une pression."

8 " repulsed " lit " opposed to."

* " Mejidieh gold pieces, "' i.e.. Turkish T-irits or pounds of one hundred gold piastres :
tin? value of such a Lira is eighteen shillings.

Art. 96. — If upon such interference having taken place
with 'egal proceedings 1 such a legal proceeding has been
adjudged 2 unjustly the official who has caused this judg-
ment to be made by his order 3 is, after being dismissed
from his office, punished by imprisonment of from three
months to one year and a half or by exile of from six
months to three years and if such judgment* has taken
place upon solicitation or request the person who has made
such request or solicitation is imprisoned for from one and a
half months to three months or exiled for from three months
to six months in addition to 5 the fine to be taken from him.

Art. 9G Notes. — >' 4 " legal proceedings " (vide note I to Art. 94).
8 "adjudged.'' i.e.. ' : decided" or "adjudicated upon."

3 "by his order" lit. *' by ordering it," i.e., "owing to his order."

4 " judgment " or decision," " sentence.'*

"in addition to" lit- "apart from," "besides."

* " the fine." Presumably that mentioned in the preceding Article.

Art. 97. — If any of the Courts or Councils 1 does not state
or notify 2 to the State the order, solicitation or request taken
place in a legal proceeding,* even if it 4 shall not have carried
out that order solicitation or request, the person who is the
eJudge or President is punished by dismissal from office.

Art. 97 Noths. — l " Councils" (vide note 5 to Art. 79).

2 " notify " or " report."

8 " legal proceeding " (vide note 1 to Art. 94).

4 "it," «.«., the Court or Council.

Art. 98. — If any of the Courts or Councils, 1 besides not
notifying 2 to the State such order, solicitation or request
which has taken place, has given judgment 3 contrary to
equity 1 in consequence of 5 that order, solicitation or request
both the Judge or the President of the Council 6 are punished

70 OTTOMAN PENAL CODE.

with the punishments of dismissal for a period of six years
and exile 7 for a period of three years and the members of
Council are punished only with the punishment of dismissal
for six years and the employment 8 at any time in posts of
Courts or Councils of whether the Judge and President or
Members cannot be permissible.

Art. 98 Notes. — l " Council? " {mde note 5 to Art. 79)
2 " notifying " {vide note 2 to Art. 97).

a " given judgment " or ''adjudicated ' (vide note 2 to Art. 96.) The same word is
used m th© Turkish toxt of both Articles.
4 " equity " or " justice."

6 " in consequence of " lit. " based upon.'*

* M Councd ' ; the words " Court or " appear to have been accidentally omitted
in the Turkish tost before the word "Council.'*

7 " dismissal . . and exile." The punishments are undoubtedly intended to
run concurrently so far as thoy may.

* " employment," i.e., ro-oiupluymout.

Art. 99. 1 — Whoever he may be from amongst groat or
small officials who shall use or cause to be used influence or
coercion 2 for the purpose of opposing the carrying out of
the orders of the State or of the provisions of the Laws or
Regulations 3 or the collection of any kind of public revenues 4
is punished with the punishment of temporary imprisonment 5 ;
and it the conduct in this way of officials has taken place
of necessity or compulsorily* 1 by order of their superiors 7
this punishment does not apply to 8 such 9 but is carried out
with regard to him from whom the order lias first emanated 10 ;
and if conduct of this kind is the cause of a more grave
Jinayet the punishment for that grave Jinayet is awarded
and carried out.

Art. 99 Notes — l by a Vizienal order dated 15 May, 1309 (27 May, 1893)
it was prescribed that Imanv* or other porsons who marry to another individual any
woman already wedded to a private soldier in the Ottoman army should be punished
under tho provisions of the first paragraph of Art. 99 of the Ottoman Ponal Code
upon trial before the Xisom Court.

* " influence or coercion " lit. " influence or effective (or ' authoritative ') power."
Nicola ides translates " Tvuwpcyog XP*i 9iy rr /£ fox&QS *i T, 'f Hovoiaz avrov " and tho
tfrench rendering is :f de son influence ou dc son autonf>6."

8 " Laws or Regulations " " "Laws " . *'«( vnpLot " • '* les Una " Regulations : " oi
navovtauvi ** • " loa regloinonte " [vide nolo 2 to Art. 15).

» "public revenues" Jit. "regulated revenues (or moneys)," ue., of tho State.
The expression in the Turkish text is " eriival l-murettebeh " , " omval " [vide note
5 to Art. 27)

5 " temporary imprisonment," i.e., from twenty four hours to three years

b " of necessity or compulsonly." Xicolaides renders this " avayKacrisw£ caJ
bwovptufit&i" The passage is paraphrased in the French,

' ll superiors " or " chiefs " lit. " commanders."

* " does not apply to " lit. '* is not current with regard to."

* " such," i.e., tho officials whose superiors ordered theiu lo commit the offence.
io "emanated" or *' taken rise from."

OTTOMAN PENAL CODE. 77

Art. 99 was amplified by the following addendum dated
3 Jemazi'ul-Akhir, 1277 (17 December, 1860) of which the
text is as follows : —

1 If those who use influence or coercion 2 in this way arc
not officials they are similarly punished with the punishment
of imprisonment not exceeding one year.

To tho above addendum the following notes may be added : —
1 This is an addition to Art. 99 nmdo by decree dated 3 Jemazi'ul-Akhir, 1277
(17 Decomber, I860). The addition may be found in Djiz-i-Kav, pi. 952 ; Nico-
loidos, Ott. Cod., p. 2464 ; Aristarchi Boy, HI, p. 270 ; Young, VII, p. 21 ; Walpolo, p. 43.

* *' coercion " : as in note 2 to Art. &9.

Art. 99 was amended by a further addendum dated 6
Jemazi'ul-Akhir, 1329 (4 June, 1911), of which [the text
is as follows : —

Any person whosoever he may be who actually opposes
the orders or actions of 1 the Government for the putting
under 2 cordon sanitaire of houses or other places wherein
cases of or deaths from cholera or other contagious diseases
have occurred is punished with imprisonment for from one
month to two years according to the gravity 3 of his act. 4

To the above addendum the following notes may be added : —
1 " of " Ht. " taking place on the part, of."
1 "putting undor " lit. "taking under."
J "gravity" lit. "degree."
4 "act" or "conduct."

Art. 99 was again amplified by a further addendum dated
6 Jemazi'ul-Akhir, 1329 (4 June, 1911) of which the text
is as follows: —

Those who disrespect 1 the resolutions taken 2 by the State
and published and promulgated by Imperial Irade for the
purpose of preserving the public manners 3 and morals or
maintaining security and order or restricting 4 the effect of
infectious diseases are punished by talcing a fine of from one
Lira 5 to fifteen Liras or with imprisonment of from twenty-
four hours to one month. 8

To the above addendum may be added the following notes : —
"who disrespect" lit. "who do not respect (or observe)."
" taken " or " adopted." " passed,"
" manners " or " obsorvftneos," " devoirs."
"restricting" lit. "limiting."
"Lira," i.e., the Turkish pound — 18*.

• An Imperial lradeh dated 16 Ramazan. 1329 (9 September, 1011), decrees that
the violation in public of the religious fast of Kamozan shall bo deemod to be an
offence punishable under the third addendum to Art. 99 of the Penal Code.

Art. 100. l — It being prohibited by general 2 prohibition
for Valis, 3 Mutasarrifs, 4 Qaimaqams, 5 Defterdars, 6 Judges,
Malmudirs, 7 and Mudirs 8 of Qazas 9 to trade by buying and
selling cereals, provisions, or other requisites, which are of

78 OTTOMAN PENAL CODE.

the necessaries of life 10 of the people in the Eyalets, 11 San-
jaqs, 12 or Qazas in which they 13 are found, 14 and in brief in
the places where their authority runs, whoever from amongst
these 15 dares to carry on this prohibited trade either personally
or by any sort of participation or intermediary openly or
secretly is dismissed from his office and a fine of from twenty-
five Mejidieh gold pieces to one thousand Mejidieh gold
pieces is taken and if such persons own emlak 16 or arazi 17
of their own in the places where they are found 14 the trading
in the products thereof is held exempt 18 from this rule.

Art. 100 Notes. — 'Compare Art. J76 of the French Code Penal :^" Tout
commandant dca divisions militairos, des departments ou dea places ot villes, tout
preset ou sous-pre'fet qui aura, dans )'6lenduo des lieux ou par des actes simules ou
par interposition de personnos, lo commerce de grains, grenailles, farinos, substances
farineuses, vins ou boissons, autre que ceux provonanb dc ses proprietes, sera punia
d'une amende de cinq merits francs an uioins. do dix mills francs au plus, et de la
confiscation des denrees appartonant & ce commerce.*'

* " general " or " absolute."

B " Valis " : a " Vali " is the Governor-General of a Vilayet, i.e.., province.

* " Mutasarrife " ; a " Mutasarrif " is a Governor of a Sanjaq.

6 " Qaimaqams " : a " Quimaqam " is the Governor of a Qaza

* " DeftP.rdars " : a " Dcfterdar " is the Financial Commissary -General of a Vilayet.

7 " Malmudirs " : a'* Malmudir " is the Controller of Revenue and Kxpenditure
of a Q i/.:i.

8 " Mudirs " : a " Mudir " is an administrator of a Nahieh or Commune.

8 " Qazas " : a " Qaza " is an Administrative district several of which form a
Sanjaq.

10 " necessaries of life " lit. " indispensable necessaries."

11 " Eyalets " : an Eyalet is a province under a Vali ; also a " principality."

15 " Sanjaqs " : a '' Sanjaq " is a sub-divisoin of a Province several t»f which form
a Vilayet.

13 " they," i.e., the Vali, Mutasarrif, etc., as tho caso may bo.
" "found" or "situated."

16 "these"; as in note 13.

16 " emlak " pi. of "mullr," i.e. roughly corresponding to "freehold property."
{Vide note 6 to Art 27.)
1T " arazi " lit. " lands." Tt probably means here lands which are not " mulk."
18 "exempt" lit. "excepted."

Art. 101. — Every official if he delays, without its being
based on a valid excuse which shall be worthy of acceptance
by the Imperial Ottoman Government, an august Firman 1
or high Order 2 or other injunctions the publication or pro-
mulgation of which the Imperial Ottoman Government has
commanded is dismissed from his office and if the effect of
this conduct occasions any injury to the State or Country
the punishment provided with regard to those who are the
cause of such injury is also carried out in addition. 3

Akt. 101 Notes. — l " august Firman." It refers to an Imperial Order, i.e., an
Order by the Sultan.

2 " high Order " ; it means on order of tho Grand Vir.ier.
8 "in addition" lit. "separately" or "independently."

OTTOMAN PENAL CODE. 79

Art. 102. — If a subordinate official without valid reason
is dilatory or makes default in the execution or carrying out
of the injunctions of his superior 1 above him concerning the
duty of his 2 office a fine of the amount of his one month's
salary is taken ; and if he docs not cany out the injunctions
of his chief 3 through 4 disobedience he is punished by being
dismissed from his office ; and if these matters of delay or
suspension or disobedience occasion any injury to the State
or Country the punishment provided with regard to those
who are the cause of such injury is also carried out in addition. 6

Art. 102 Notes.— J 1C superior " or "chief" lit, " commander."

* " his," i.e., of the subordinate official.

* ** chief " lit. " officer " (military or police) ■ it means here "superior officor "
without any military soneo.

« " through " lit. " with."

■ " in addition" ; as in note 3 to Art. 101.

Art. 102 was repealed and a new Article substituted on
6 Jemazi'ul-Akhir, 1329 (4 June, 1911). The text of the
new Article is as follows : —

If any of the officials of the State, without acceptable
cause, neglects or is dilatory in the performance of the duty
of his office or, likewise without there being any kind of
acceptable cause, fails to 1 carry out the orders lawfully
given 2 by his superior, 3 a fine of from three Liras to one
hundred Liras is taken 4 according to the rank of his office
and if any injury has resulted 5 to the State from such 6 neglect
or dilatorincss or from the non-carrying out of the superior's
lawful 7 orders the punishment of deprivation of rank and
office in perpetuity or temporarily is also awarded together
with the punishment of imprisonment of from one week to
three years according to the extent 8 thereof 9 ; and if any
loss 10 to individuals has resulted 5 from this act that 11 also
is caused to be made good in addition. 12

To the above new Article the following notes may be added : —

1 " fails to " lit. " does not.**

2 " lawfully given " lit. " given by being based (or ' by leaning*) upon the provisions
ox the law."

8 "superior*' or "chief" lit. "commander.**

* " taken," i.e., from the offender,

B "resulted" Jit. "come about."

* " Buch " lit. " this."

7 "lawful" lit. ''which are based on law."

* "extent" lit. "degree."

* " thereof," i.e., of such injury.

10 "loss" or " injury."

11 " that," i.e., auch loss.

" " in addition " : as in note 3 to Art. 101.

80 OTTOMAN PENAL CODE.

PART VI.

Punishment to be carried out when oppressions or
iix-treatments take place on the part of govern-
ment officials towards individuals.

Art. 103. — If any of the members 1 of the Courts or Councils
or any of other officials of the State commands 2 or carries
out the tormenting or torturing of accused persons in order
to make them confess 3 their offence' 1 he shall be punished
with the punishments of temporary confinement in a fortress
and perpetual deprivation of rank and office ; and if sub-
ordinate officials have done this by order of their superior 5
above them these punishments are carried out with regard
to the person making this order ; and if the tortured person
dies from the effects of it or if any sort of injury or defect
befalls one of his limbs in consequence of the torment the
punishment for a murderer or wounder is also carried out
with regard to the official who has ventured to do this.

Art. 103 Notes — * M members of the Courts or Councils " lib. " men of the Courts
or Councils," i.e., persons specially connected with the Courts or Councils.
1 "commands" or "orders."

* " confess " lit. " say.'*

* "offence" or "crime," "guilt."

5 " superior " ; as in not© 1 to Art. 102.

Art. 104. — If any of the members of the Courts or Councils 1
or any of other officials of the State commands 2 or carries
out the treatment of offenders with punishment which is more
than that or in a manner more severe than that prescribed 3
by law he is imprisoned for from six months to three years
and dismissed so as not to be employed in posts of the Courts
or Councils thenceforth.

Art. 104 Notes. — l " members of the Courts or Councils " ; as in note 1 to Art.
103.
1 "commands" ; as in note 2 to Art. 103.

* "proscribed" or M provided " lit. "appointed," " determined," "designated."

Art. 105. 3 — Every official who in his official capacity 2
enters any person's house forcibly in cases other than matters
permitted by the civil or military laws or the established
police regulations 5 or by a method other than that prescribed 4
by the laws and regulations is imprisoned for from six months
to three years and if it is proved 3 that he has done this by
order of his superior 6 he 7 is held excused from punishment
and this punishment is carried out with regard to his superior 6

OTTOMAN PENAL CODE. 81

whoever he may be : and, also, whoever, other than officials,
enters any person's house either by intimidation 8 or by force
is punished with imprisonment of from one week to six

months.

Art. 105 Notes. — l Compare Art. 184 of the French Code Penal: — " Tout
fonctionairo de Pordre adroinigtratif ou judiciaire, tout offieior do justice ou do polico,
tout commandant ou agent de la force publique, qui, agissant en sa Uite quality, se
sera introduit dans Ie"domicilo d'un oitoyen centre le gr6 de ccliii-ei, hors leg nas provus
par la loi ©t sons los formality qu'ollo a prescritcs, sera putii d'un omprisonnomonfc
de six jours a an an, et d'une amende de seize francs sans prejudice do replication
do second paragraphe de l'articln 114. Tout individu qui sn som introduit a l'aido
do rnonaces ou do violence dans lo domicile d'un citoyon, sera puni d'un ompriaonne-
mont de six jours d, trois mois et d'uno amende de seize francs a deux cent francs.
{Loi, 28 Avril, 1832.)

* "in his ofiicia' capacity" lit. " with the quality (or 'attribute') of his office."

* " regulations " lit. "regulation" f" nizaiu "). Vide note 2 to Art. 15.

* " prescribed " ; as in note 3 to Art. 104.

* "proved" life. " bocomca manifest," "becomes evident."

" superior " ; as in note 1 to Art. 102.

7 " he," i.e., the official who has acted under the order of the superior.

8 "intimidation" or "threat," "menace"

Art. 105 was repealed and a new Article substituted on
6 Jemazi'ul-Akhir, 1329 (4 June, 1911). The text of the
new Article is as follows : —

If an official by abusing the duty of his office or in trans-
gression of 1 the rules and conditions prescribed by law enters
the residence of another or the appurtenances thereof he is
imprisoned for from three months to three years or for from
six months to three years if the said act is supplemented
by another arbitrary action such as searching the residence ;
and if searches are made on private premises 2 such as the
places of commercial business or offices of individuals the
perpetrator is likewise imprisoned for from three months
to three years ; and if it is proved 3 that he has done this
by order of his superior concerning matters lying within the
duty of his* office he 5 is held excused from punishment and
this punishment is carried out with regard to his superior
whoever he 6 is ; and any person whatsoever, other than
officials, who enters the house of a person in contravention
of the prohibition of the master 7 thereof either by intimida-
tion 8 or force or in a clandestine manner is punished with
imprisonment for from one week to six months.

To the new Article the following notes may he added : —

1 " in transgression of" lit. "boyond" or " outsido of."

* "premises" Jit. "places."

* ''proved " ; as in note 5 to the original Art. 105.

* " his/* i.e., of his superior.

H

82 OTTOMAN PENAL CODE.

8 " he," i.e., tho subordinate.

* " be," i.e., the superior.

7 " master " or " owner."

a " intimidation " ; as in note 8 to the opiginol Art. 105.

Art. 106. 1 — If persons empowered with 2 tho exercise of
compulsive power, 3 police officers or summoning officers 4
dare, 5 by acting in manner other than the way 6 prescribed 7
by tho law or regulations 8 in the carrying out of the business
of their office 9 or in the putting into execution of the order
of their superiors 10 who are above them, to exercise any
ill-treatment against 11 any person that is to say to do any-
thing 12 which will either be the cause of compromising 13
honour or repute or will occasion 14 bodily distress, they are
punished with imprisonment for from one week to one year
according to the degree of violence 15 of their acts.

Art. 106 Notks. — l Compare Art. 186 of the French Code Penal : — " Lorsqu'un
fonctionairo ou un officier public, un administrateur, un agent o\i un propose du
Gouvernement on de la police, un Rx^cuteirr ries mandats rie justice ou jugementa,
un commandant en chef ou en sous-ordre de la force publique, aura, sans motif legitime,
us6 ou fait user de violences envers les personnel, dans l'cxercico ou a 1' occasion de
I'exercico da sea fonctions, il sera puni selon la nature 06 la gravity de ces violonces,
ct on olevant la peine suivant la regie posoe par 1* article 198 ci-apres."

* " empowered with " lit. " commissioned to " or " charged with."

8 •' compulsive power"; this is literal. Nicolaides translates the passage " o\
^.loiKtiToi r'/c StifKiviog $vpafi€ut£." Tho eoneo is cloar.

* " summoning officers." Nicolaides gives " kkqififxc" i-e-< " sheriff's officers " ;
tho French rendering is " les huissiers charges do mandat d'amener."

B "dare" or "attempt."

8 " way " lit. " manner " " method."

7 " prescribed " ; as in note 3 to Art. 104.

a " regulations " lit. "regulation."

* "the business of their office" or "their function."

10 " superiors" ; as in note 1 to Art. 102.

11 " against " lit. " with regard to " or " towards."
11 " thing " or " action."

1S " compromising " lit. " breaking."

M " occasion " lit, M give."

l * "violence" or "severity," "intensity."

Art. 106 was repealed and a new Article substituted on
6 Jemazi'ul-Akkir, 1329 (4 Juno, 1911). The text of the
new Article is as follows : —

1 lf persons empowered with 2 the exercise of compulsive
power, 3 police officers or summoning officers 4 dare, 5 by acting
in any case other than the circumstances prescribed 6 by the
law or regulations 7 in the carrying out of the business of
their office 8 or in the putting into execution of the orders
of their superiors who are above them, to exercise any ill-
treatment against 9 or do any act which will occasion 10
bodily distress to any person, or batter or wound such person

OTTOMAN PENAL CODE. 83

they are punished with the punishment? of imprisonment
for from one month to three months and of deprivation of
rank and office in perpetuity or temporarily ; and if the
offence committed by them is graver 11 than these acts the
punishment accruing to offences of that kind is awarded. 12

To the above new Article may bo added tho following notes : —

1 For notes 1, 2, 3, 4, 5 vide the corresponding notes to tho original Art. 100

6 (l prescribed M ; as in note 3 to Art. 104.

7 "regulations" ; as in note 8 to the original Art. 10<S.

9 " the business of their office " (vide note 9 to the original Art. IOC.)

• " against "; as in note 11 to the original Art. 106.
10 ''occasion"; as in noto 14 to tho original Art. 10K.
" "graver" lit. "over" or "above."

>* "awarded" or "determined," " prescribed."

Art. 107. — If acts 1 such as seizing, or causing to be sold,
wrongfully the mal 2 or emlak n of a person by compulsorily
purchasing or unjustly claiming the same take place on the
part of great or small officials of or holders of rank in the Im-
perial Ottoman Government such emlak or emval 4 are made
to be returned 5 to the previous 6 owner in kind or in the case
of their non-existence 7 the value thereof in cash and the
official who has dared to do this of whatever rank he may
be is punished according to the gravity 8 of his offence with
the punishment of exile of from six months to three years
and perpetual deprivation of rank and office.

Art. 107 Noras. — '"acts" lit. " states,' * " affairs, " "circumstances," "facts."

• " mal," i.e., " any property or possession " (uwic noto 6 to Art. 27).

9 "emlak*' pi. of " ruulk " ; roughly corresponds to " immovable property"
{vide note 6 to Art. 27).

4 " emval " pi. of lt mal " ; some as in not© 2 above

• " returned " or " restored."

• " previous " lit. " first."

7 M non -existence/ 1 e,g iy supposing that th© things had boon destroyed, lost, eaton
or otherwise disposed of.

• " gravity " lit. " degree."

Abt. 108. 3 — If great or small officials found at the head
of an office 2 or officials appointed to bo under them 3 or the
agents 4 whom the officials employ or persons who farm 5
under contract* any kind of State revenues or the agents 4
of such take 7 or obtain anything more than the amount of
the taxes 8 or tithes or duties 10 or other dues 11 which are
fixed by the State, the officials who are at the head of an
office and revenue-farmers 12 are punished with the punish-
ment of temporary confinement in a fortress and the sub-
ordinate officials and the agents 4 of officials 73 with the punish-
ment of from six months to three years imprisonment and

H2

84 OTTOMAN PENAL CODE.

after the money which they take in excess, of whatever
amount it may be, has been made to be returned 14 an amount
equal to what they have so taken 15 is also taken and obtained 16
as fine.

Art. 108 Notrs. — 1 Art. 174 of the French Code Penal is to some extent com-
parable ; — " Tous fonctionoiros, tons officios publics, lours commie ou proposes
tout pcrcepteur des droits, taxe, contributions, deniers, revenus publics ou communaux,
et leurs commia on pr(W>os^s, qui se seront rendu coupables de. concussions, en ordon-
h.kiI do porcevoir ou en cxigeant ou en rocevant co qu'ila savniont n'fitrc paa d(i, ou
exeeder ce qui £tait da pour droit, taxes, contributions, deniers ou revenus. ou pour
salaires ou traitements, seront pun is, savoir, lea fonctionnairoa on les otUeiers publics,
de la peine do la reclusion ; et leur cornmis ou proposes, d'un empriyonnement do
deux ans an rnoins et de cinq ans an plus. Les coupable* seront de plus condamn6a
a une amende dont le maximum sera le quart dee restitutions et des dommuges-int^rota
et le minimum le douxiemc."

* " office " ; apparently any office. Nicolaidcs uses the phrase '* oi Trpoisrajitvot
iwijptffiac." The French rendering is " a la tete d'uno administration."

' " appointed to be under them " or simply " appointed under thorn. "

* "agents" lit. "men," i.e., "employes." Nicolaidos uses " oi iiirb rdc dtaraycic
flvrwi' ipyatnutv or." The French rendering is " les proposes."

* " farm " lit. " undertake."

« " under contract " lit. u fixedly," * in a fixed way," i.e., " at a f\xet\ price." The
" farming of revenue " haa been explained before (vide Art. 29, note 3). Tho phraso
" who farm under contract any kind of State revenues " is rendered by Nicolaides
" oi avaXtfiifiavovrtc kot aToeoTi/v rifv eitnrpaEtv Tracroc *i*P0)*c ci)fxotttu>v 7rpoa65uiv."

' " tako or " receive."

8 " taxes " ; the word in the Turkish text is *' verghi." Nicolaidcs translates
as " tpapov " ; the French rendering is " les impute."

I " tithes. " The word in tho Turkish text is " a'shar." Nicolaides translates
as " ^ffirryi', 11 the French uses " les dimes."

« "duties." The word in the Turkish text is " rusumat." Nicolaides translates
as " $a<rp<ov" The French rondoring is " les contributions indiroctcs."

II 'other dues." Nicolaides translates " d\\uv TeXwr." The French render-
ing is " autrea taxes et redevanees." The word in the Turkish text for M dues " is
" a'idat."

12 "revenue-farmers" or "contractors of public revenue." The word in the
Turkish text is " rmtttezim." Xieolairies uses the word " oi ivoitiaaral" {vide note
3 to Art. 29).

,a " the agents of officials." The- Turkish toxt docs not provide, apparently, any
punishment for the agents of the revenue-farmers ; presumably an accidental omission
unless the words "subordinate officials " or "agents of officials " arc intended to
cover the M agents of revenue-fanners." The translation of Nicolaides and the French
rendering may be read to include the omitted class with the agents of officials but
this is not clear in the original Turkish.

14 " returned " or €l restored."

16 ** an amount equal to what they have so taken " lit. " as much again tho money
which is what they havo taken."

** *' taken and obtained," i.e., from the offenders.

Art. 109. — If any of the great or small officials takes
any money or other thing little or much as penalty besides 1
the fine determined 2 by law, or who takes 3 anything little
or much in excess of the amount of the fine with the collection
of which he is charged by law or who takes before trial the

OTTOMAN PENAL CODE. 85

fine which may have to be determined, then 4 the thing taken
by him is taken from him in twofold the one 5 being given to
the owners and the official who has dared to do this is punished
with the punishment for bribery.

Art. 109 Notes.— 1 " besides," i.e., " in excess of."
2 " determined " or " prescribed," " fixed."

• "takes" or "receives."

4 " then " ; the word is inserted in the translation for clarity.

* " the one," i.e., " the one-fold."

Art. 110. — Tf officials of the State or chief men of the
country 1 employ men unremunerated 3 without payment 3
as angaria 4 in any work other than public services determined 5
by the State or by law 6 or considered necessary 7 as requisite
for the people, 8 the wages locally ruling 8 of the men employed
by them being taken from the persons who have dared to do
this and delivered to the owners 10 they 11 arc, if they are
officials, dismissed and each one of them is punished with
exile for from six months to three years according to the
gravity 12 of his offence.

Apt. 110 Notts. — 1 " chief men of the country " or "chief men (or notables) of
the place." The Fronch rendering is " les notables dos provinces " but this is not
correct. Nicolaidos translates better * 4 ul 7ti>vvxopTtij rvnuv n^oc." The word
" country " does not here moan necessarily a rural area.

2 "unremunerated" lit. "without reward," "without recompense," "without
wages."

3 " without payment " lit, " gratis," " gratuitously."

4 " angaria M ; it moans " forood labour without payment " ■ rendorod by Nicolaidos
" dyyapiai't" in the French " en corvee."

* "determined" or "fixed," "prescribed."

* "law" ; the word in the Turkish text is " nizam " [vide note 2 to Art. 15).
" Nizam " undoubtedly should be here translated " Law." Nioolaides uses here
" vvuotj " not Kcivai'iniii^ " j and the French rendering hflR *' loi not reglement."

7 " considered necessary " lit. " for which noccssity is soon."

8 " as requisite for the people." i.e., roughly "for public utility."

* "ruling" lit. '' known," "recognized," "prescribed by custom," and hence
11 customary."

10 " owners," i.e., those to whom the wages are- duo.
11 " they," i.e., tho offenders.
" "gravity" lit. "degree."

Art. 111. — If any officials great or small or agents 1 of
officials or mubashirs- for business 3 or for summoning 4 or
men or officers of the police or of the regular troops 5 alighting
at the houses of the people at the places which they travel 6
through take compulsorily and without payment 7 forage or
eatables they are, after the price of the article, whatever
it may be, taken by them 8 has been made to be restored 9

86 OTTOMAN PENAL CODE.

to the owners 10 and they themselves 11 have been dismissed
from their office or service, punished with imprisonment
for from one week to one month ; and if regular troops 5
in their movements in a body dare to do such things the
officers, after the price of the articles taken by them 12 has
been recovered 13 from them 14 and made to be delivered to
the owners, 10 are also 15 removed from their sendee and
punished with imprisonment for from six months to three
years.

Art. Ill Notes. — * "agents" {vide Art. 108, not© 4-). Nicolaidea here translates

the passage " Oi . vTa\\tj\oi. t>\ V7rtfairm avriav."

I " inubashirs " ; a "muboshir" 13 an agent or subordinate officer generally of
a law court deputed with the execution of some definite temporary duty such as the
service of a summons or writ. One might almost say *' Sheriff's Officer.'*

3 " business," i.e., public business or affair.

4 " for summoning w ; the word in the Turkish text is " ihzar " which means " to
summon." " to cite," " to make to appear before a Court, etc."

6 "regular troops" lit. "paid troops."
' " travel " lit. " como and pass."

7 "without payment" ; as in note 3 to Art. 110.

8 " of the article, whatever it may be, taken by them " lit. " of whatever may
be that which they have taken."

* '* restored," i.e., paid.
,0 " owners," i.e., those to whom the price is due.

II " they themselves," i.e.. the offenders.

12 " them," i e, the troops under their command as well as the officers.
18 M recovered " lib "received" or "taken."

x * " thorn," i.e. t the officcro only. By this Arliclu the officers ore held entirely
responsible and the rank and file escape an}' punishment under the Code.
» " also," i.e., " in addition."

PART VII.

Punishment of persons opposing, bisokeying or in-
sulting THE OFFICIALS OF THE IMPERIAL OTTOMAN
Government.

Art. 112. j — If there be persons daring to use insulting
treatment towards, malign 2 or intimidate 3 the officials of
Courts or Councils 4 or other officials of the Imperial Ottoman
Government so as to cause blemish 5 to their dignity or honour
whilst they 6 arc in the act of 7 carrying out their function 8
or because of the authority of office which they arc exercising 9
they 10 are imprisoned for from one week to six months ;
and if these matters of insult, maligning, or intimidation

OTTOMAN PENAL CODE. 87

take place at the time of pleading 11 in tlie Courts or Councils 4
the person who dares to do this is imprisoned for from six
months to one year.

Art. 112 Notes. - l Compare Arts. 222 and 223 of the Fronch Codo P6nal. Art.
222. " Lorsq'un ou plusieurs magistrats de l'ordre ad minis tratif ou judicial re auront
recu, dans Texercice do leur fonctions, ou a l'occasion de cot cxereice, quelque outrage
par paroles tendant a inculpcr lour honneur ou leur d^licatosso, colui qui les aura ainai
outrage sera puni d'un omprisonriemont d'un rnoig a deux ans. Si Poutrage a eu
lieu a 1' audience d'une cour ou d'un tribunal, l'emprisonnement sera do doux a cinq
axis.

Art. 223. " L'outrago fait par gestes ou menace a un magistrat dans l'exerciee
ou a 1' occasion de l'exerciee de s©s fonctions, sera puni d'un mois a six mois d'empri-
sonnement ; et si, 1 outrage a ou lieu a 1 'audience d'uno cour ou d'un tribunal, il sera
puni d'un emprisonnement d'un mois a deux ans.**

i li malign " lit. " lengthen out the tongue," i.e., give loose roin. to the
tongue

B "intimidate* 1 or "menace."

* " Councils " (vide note 1 to Art. 70).

* "blemish" lit. "dofect."

• " they," i.e., such officials.

7 " in tho act of" lit. "in the 1 ' simply.

8 " function M or " office." " charge," " mission."

• ** because of trie authority of office which they are exercising " : it means on
account ot something tho official has done in the course of and by virtue of his official
duty. Nicolaides translates the passage M // 5t6rt £?eriXe« ra tik iHfflfitfft&e tqv " and
the French rendering is " ou a 1' occasion de cet exercice."

10 " they," i.e., the offenders.

11 " at the time of pleading," i.e., " during a hearing or trial.'* Nicolaides well
translates " uvvkBpiuZtvToe roii oiKaart/pivv i) rev ou^/lov^t'it'." The Freach rendering
is "& Paudiencc."

Art. 113. 1 — If there be persons daring to use insulting
treatment towards, malign 2 or intimidate 3 the regular troops
or generally those who are placed by the Government in
charge of the maintenance of order or of administration so
as to cause blemish 4 to their dignity or honour whilst they 5
are in the act of 6 carrying out their function 7 or because of
the authority of office which they are exercising 8 a fine of
from one Mcjidich gold piece to three Mcjidich gold pieces
is taken 9 ; and if such insults take place against 10 the officers
of regular troops or commandants of police they 11 arc im-
prisoned for from one week to one month and if there be
any who brandishes weapon 12 in the making of such insult
or intimidation such 13 is in every case 11 imprisoned for from
six months to two years.

Art. 113 Notes. — l Compare Arts. 224 and 225 of I he French Code Penal. Art.
224. " L'outrago fait par parole, gestes ou menaces a tout oificior minist6riol, ou
agent dopositairo dc la force publique, dans I'exorcicc ou a l'oceasioix do l'exerciee
de B6fl fonctions sera puni d'uno amende do seize francs a deux cents francs."

Art. 225. ** -La peine sera do six jours a un mois d'empnsonnement, si 1* outrage
mentionne* en i'articlo pr6c6dcnt a, cto dirige contro un commandant de la force
publique."

88 OTTOMAN PENAL CODE.

fl " malign " ; as in note 2 to Art. 112.

3 "intimidate' 1 ; as in note 3 to Art. 112.

4 "blemish $ aa in noto 5 to Art. 112.

5 *' they, 5 ' i.e., the persons insulted.

" in the act of*' ; as in note 7 to Art. 112.
* " function " ; os in noto 8 to Art. 112.

9 " because of the authority of office which they are exercising " ; as in noto 9 to
Art. 112.

9 " is taken " from tho offenders of course.

10 "against" Ui. "with regard to."

11 " they/' i.e., the offenders.

12 " brandishes weapon " or " draws and flourishes a weapon " lit. " exhibits
weapon."

" " such,*' i.e., such offender.

11 in every caso " or " at all ovente," or " under all cixcuroatancca,"

Art. 113 was repealed and a new Article substituted on
6 Jemazi'ul-Akhir, 1329 (4 June, 1911), The text of the
new Article is as follows : —

If there be persons daring to use insulting treatment
towards, malign 1 or intimidate 2 the regular troops or generally
those who are placed by the Government in charge of the
maintenance of order or of administration so as to cause
blemish 3 to their dignity or honour whilst they 4 are in the
act of 5 carrying out their function 6 or because of the authority
of office which they are exercising 7 they 8 are imprisoned
for from one week to three months or a fine of from one
Mejidieh gold piece to three Mejidieh gold pieces is taken 9 ;
and if such insults take place against 10 the officers of regular
troops or of gendarmerie or commissaries of police or their
assistants they 8 are imprisoned for from fifteen days to six
months ; and if there be any who brandishes weapon 11
in the making of such insult or intimidation such 12 is
in every case 13 imprisoned for from six months to two
years.

To tho above new Article may be added the following notes : —

1 " malign " j as in noto 2 to Art. 112.

2 "intimidate" or "menace."

3 " blemish " {vide note 5 to Art. 112).

4 " they," i.e., the persons insulted.

■ "in tho act of " ; as in note 7 to Art. 112.

* " Function" ; as in note 8 to Art. 112.

* " becaxiso of the authority of office which they aro exorcising " ; as in note 9
to Art. 112.

8 " they," i.e., the offenders.

* tl taken " from the offenders, of course.

10 *' against " lit. " with regard to."

11 " brandishes weapon"; as in note 12 to tho original Art. H3.
19 " such." *.c, such offender.

13 "in every case"; as in note 14 to the original Art. 113.

OTTOMAN PENAL CODE. 89

Art. 114. r — If there be any one daring to beat 2 any one
of the officials 3 or a private 4 in the troops of the regular
army or police 5 whilst they are in the act of 6 carrying out
their function 7 or because of the authority of office which
they are exercising 8 he 9 is imprisoned for from six months
to two years even if it 10 having been without a weapon
there shall appear 11 no trace of wound.

Art. 114 Notes.— x Compare Arts. 228, 230 and 232 of the French Code Penal.
Art. 228. ** Tout individu qui, raeme, sans armes, et sans qu'tl en soit results dea
Measures, aura frappo un maglstrat dans roxcrcico do scs fonctiona, ou a l'occasion
de eet exercice, sera puni d'nn emprisonnement da deux A cinq ans. Si eOttG voie
do fait a eu lie u araudience d'une cour ou d'une tribunal, le ooupable sera ©n outre puni
de la degradation civique (Loi, 28 Avril, 1832).

Art. 230. " Les violences de l'espece cxprime*o on 1' article 228, dirigees centre
un officior rainisteriol, un agent do la force publiquo, ou un oitoyon ehnrp<S
du ministere de service public, si elles ont eu lieu pendant qu'ils exercaient leur
rainistero ou a cette occasion, seront pnnies d'un emprisonnemont d'un mois a six
mois."

Art. 232. " Bans le cas inAioe (vide note 1 to Art. 115) o s i oes violences n'auraient
pas cause d 'effusion de sang, hlesMtiros ou maladie, les eoupables seront punis do la
reclusion, s'ils ont 6t6 portecs avee premeditation ou do guet-upens."

* " beat " or " batter." "hit." "strike."

3 " officials," i.e.. Government officials generally.

* private ' , tliia is literal but it probably really moans a member of
the forces who is not an officer. Nioolaides uses *' ttirXoiit (Jr^ariioTin: " and the
French rendering is simply " un soldat des troupes reguli&res, ou un agent do
police."

" police," i.e., private in the police.

* " in tho act of " ; as in noto 7 to Art. 112.
9 "function" ; as in note 8 to Art. 112.

* " because of the authority of office which they are exercising " ; as in note 9 to
Art. 112.

* " he/' i.e., tho offender.
« " it," «-e., tho assault.
» u appear » or " occur."

Art. 114 was repealed and a new Article substituted on
6 Temazi'ul-Akhir, 1329 (4 June, 1911). The text of the
nev Article is as follows : —

F there be any one daring to beat 1 or exercise 2 compulsive
treatment or violence against any one of the officials 3 or a
privtte in the regular army or in the ranks 4 of the gendarmerie
or p>lice whilst they are in the act of s carrying out their
funcion 6 or because of the authority of office which they are
exercsing 7 he 8 is imprisoned for from six months to one
year.

To th now Article tho following notes may bo added : —

1 " bo-t " f ae in note 2 to the original Art. 114.)

8 " execise " lit. " do " or *' make."

* " offiials " [vide note 3 to the original Art. 114.)

90 OTTOMAN PENAL CODE.

* " in the ranks** Jit. "of the class" or "of the order."
B '* in the act of " ; as in note 7 to Art. J 12.

8 " function " ; as in note 8 to Art. 112.

7 " because of the authority of office which tlioy ace exercising " ; as in note 9 to
Art. 112.

* "ho," i.e., tho offender.

Art. 115. 1 — If a man wounds any one of the a great or
small Government officials charged with the exercise of
authority 3 or with the government and administration of
the country 4 whilst they 5 are carrying out the duties 6 of
office or because of the authority of office which they are
exercising 7 or dares to do any effective act 8 so as to be the
cause of his illness he 9 is punished with double 10 the punish-
ment provided 11 by law according to the gravity 12 of his
offence.

Art. 115 Notes. - 1 Compare Art. 231 of the French Code Penal. Art. 231.
11 Si les violences exorcoos contre les fonctionnairee ou agents designes aux Articles
228 et 230, out tie la cause diffusion do sang, bl«ssures ou muladie, la peine sera la.
reclusion ■ si la mort s*en est SUivie dans les quaranto jours, le coupable sora puni
des travaux forces a perpetuity." (jLoi, 28 Avril, 1832.)

* "any one of the "lit. "one out of all the."

* " charged with the exorcise of authority " or " commissioned (or appointed)
to exercise rule." "Authority* 1 might even be translated " jurisdiction " but here
it means "executive authority." Ntcolaidos translates tho pa&jago " bnrerpajquirog
ivrrXfortKiiv dfotifuv and tho Fi'euch rendering is " dopositaires do la force publique."

* "with tho government and administration of tho country" or sirnply "(com-
missioned) to administer tho country."

6 " they," i.e., the officials.
« " the duties " lit. " a duty."

' " because of the authority of oltice which thoy are exercising " ; as in note fc>
Art. 112.

" effective act " ; it means " violent act." Nicolaides translates " GUetog roa^tf,"

* " he," i.e., the olfender.

l « " double" lit. "the twofold of."
" "provided" lit. "accruing."
12 ° gravity " lit. " degree."

Art. 115 was repealed and a new Article issued en. 6
Jcmazi'ul-Akhir, 1329 (4 June, 1911). The text of the

new Article is as follows : —

If a man beats 1 or wounds any one of the 2 great or small
Government officials charged with the exercise of authority 3
or with the government and administration of the comtry 4
whilst they 5 are carrying out the duties 6 of office or because
of the authority of office which they are exercising 7 <r dare
to do any effective act 8 so as to be the cause of his illiess he 9
is punished with imprisonment for from six months t> three
years. 2

OTTOMAN PENAL CODE. 91

To the above now Article the following notes may be added : —

1 "beats" {vide note 2 to Art. 114),

8 Notes 2, 3, 4, 5, 6, 7, 8 to the original Art. 113 also apply to the above new Article
(115), as shown by corresponding numbers.

Art. 116. 1 — If those who are officially summoned 2 to the
Courts or Councils 3 refuse to come without any acceptable
excuse there is taken from them a fine of from one white
Mejidieh piece 4 to five gold Mejidieh pieces and when this
refusal goes on being repeated the penalty is also increased
and taken fold by fold. 5

Art. llli Notes. — l Cornparo Art. 23G of the French Code Penal : — " Les temoins
et jurcs qui auront aJlcgue 1 uno excuso reconnuo fausse, seront coiidamnes, outre les
amendes prononc^es pour la non-comparution, a un omprisonnement de six joura
a deux mois.

2 (t officially summoned " lit. " officially invited."

3 " Councils " (vide note 5 to Art. 79).

* " white Mejidieh piece," ue., a silver coin worth twenty Turkish piastres. The
silver Mcjidioh is worth 3ff. 4d. in English money : the gold Mojidioh piece is tho
equivalent of 100 gold piastres equal to 13". is English money.

6 "and when this refusal goes on being repeated the penalty is also increased and
taken fold by fold " ; a more litoral translation would bo " and every time that tliia
refusal repeats itself (or * oecurs again 'J tho penalty too is added to and taken fold
by fold." Compare Nicolaides' translation : " lv uwoTpong Ak dtirXaoidZhTat itcatrrore
t) notvi) aiirtj." and tho French rendering. " La chiffro do I'amcnde sora rcp6t6
autmit de fois qu'il y aura en de cas de refus."

Art. 116 was repealed and a new Article substituted on
6 Jemazi'ul-Akhir, 1329 (4 June, 1911). The text of the
new Article is as follows : —

Those who dare to exercise compulsive or violent treatment
or to do any other effective act 1 in order to attack 2 or to
impede the legal acts 3 of executive officers, or of an armed
force, or of collectors, 4 or of mubashirs 5 or policemen bearing
writs of summons 6 or arrest, or of officers delegated 7 by the
Courts or of officers 8 of the administrative or judicial police
while they 9 arc serving or putting into execution 10 the laws
or regulations 11 of the State or the orders of the Government
or the decisions or judgments of the Courts or the provisions
of writs of summons 6 or arrest or the writs of invitation 12
or citation or other judicial documents, 13 are punished as
follows : —

Firstly : if these acts are committed by more than twenty
persons and all of them are or one from amongst them is
armed openly 11 punishment of imprisonment for from three
months to three years is awarded ; and in the case of there
being no armed person among them punishment of for from
one month to two years is inilicted 15 on such persons. 16

92 OTTOMAN PENAL CODE.

Secondly : if the said offences are committed by from
three to twenty persons at the most and likewise even thdugh
one of them is armed 17 openly 14 as aforesaid 18 punishment
of imprisonment for from fifteen days to one year is inflicted. 15
If there is found no one armed 19 among them they 20 are
punished with imprisonment for from one week to six months.

Thirdly : if the above mentioned 21 acts are committed
by one or two persons openly 14 armed they 20 are imprisoned
for from one week to six months ; and if these persons are
unarmed 22 they are imprisoned for from twenty-four hours
to one month.

If acts necessitating more severe punishment have been
perpetrated in the course of the commission of the offences
of opposition and disobedience stated 23 in these paragraphs
the punishment requisite by Jaw is inflicted 15 on every one
of the perpetrators of such 24 acts.

To tho above Article tho following notes may bo added : —
1 "effective act" {vide note 8 to original Art. 115).
1 " attack " lit. " aggress."

3 "acts" or "actions."

4 " collectors," i.e., of revenue.

* " mubashirs " {vide note 2 to Art. 111).

* "summons" or " citation " (vide note 4 to Art, 111).

7 "delegated" lit. ''sent as substitute to some place" ; it means hero a person
sent as substitute for some judicial officer.

* "officers" or " agonts."

* " they," i.e., the officials.

10 " putting into execution " or " enforcing.'*

** " regulations " i the word in tho Turkish text is " iiizarnat," pi. of " nfzam "
{vide, note 2 to Art. 15).

12 " invitation," i.e., invitation to appear.

* 3 "documents" lit. "papers."

** " openly," i.e., in a manner open to view.

w " inflicted '* or "ordered," ""prescribed" lit. " detorminod."

x * " such persons," i.e., the offenders.

* T " even though one of them is armed " \ it means " even if only one is armed."

11 " as aforesaid " lit. as above."
* B "armed" lit. "bearing arms."
a0 " they," i.e., the offenders.

,l " above mentioned " lit. " cited."

M " a r e unarmed " lit. " are not bearers of any sort of arms."

>* " stated " lit. " written."

»* "such" Ut. "the said."

PART VIII.

Relates to persons daring to effect the escape of
prisoners or to hide criminals. 1

Part VIII Note. — *" criminals " lit. "men of Jinayet."

OTTOMAN PENAL CODE. 93

Art. 117. 1 — When the escape takes place in whatsoever
way it may be of persons taken 2 and detained 3 by the Govern-
ment, the officers, privates 4 or mubashirs 5 charged with
their transport and conveyance and the guards, Warders, 6
gaolers, sentries and door-keepers 7 charged with their custody
in the prisons and officials similar to them 8 if they behave
carelessly or with supinencss 9 contrary to rule and regulation 10
and 11 the escape of criminals 12 takes place those on whose
part conduct occurs in that manner are imprisoned for from
one week to two months ; and if there is in this the act 13
or selfish object 14 of officials, the official who dares this is
punished with imprisonment for from six months to three
years according to the gravity 15 of the Jinayet 16 which has
been the cause of the imprisonment of the persons who have
escaped.

Art. 117 Notes. — l Compare Art. 237 of the French Code Penal:— "Toutes les
fois qu'une Evasion do detenus aura liou, les huissiere, les commandants en chef
ou en *sous*ordro, soit do la gendarmoric, soit do la force armee servant d'escorte
ou garnissanti les pontes, les concierges, gardiens, geoliers, et tous autres proposes
a la conduit*?, au transport ou a la garde des detenus, seront puuis ainsi qu'il
suit."

The provisions of the French Code then proceed in Arts. 238-243 to lay-
down with precision the punishments applicable in oases of this kind, both to
persons in charge of those in custody and to individuals not in charge who procure
or facilitate Ui any way the escape of the prisoners. A regular scale of penalties
is thus prescribed which are tabulated below and which may bo of assistance to
those who have to carry into effect the somewhat vague provisions of this Part
(VIII) of the Ottoman Code. The French Code also provides further penalties,
generally applicable, by way of ooinpeii- sation for persons whose pecuniary rights
may have been adversely affected by the prisoner's escape and of police supervision
in serious cases.

a " taken " or " seized."

* "detained," i.e., "in custody."

' " privates " or "private soldiers." French, " soldata " ; Greek, "<rrparia»mt."
1 " laubashirs " {vide note 2 to Art. Ill and compare Nicola-ides* translation
" k-X^Toppc,*' and the French rendering " huissiers *'

• a wardors " ; tho same as M gaolers " really.
7 " door-keepers *' or " porters."

* " them," i.e., all the officials mentioned above.

• " supinencss " or " thoughtlessness," " heedlessness," " negligence."

10 '* regulation." Tlie word in tho Turkish text ia " nizam " {vide noto 2 to
Art. 15).

" "and"; the words "in consequence of such behaviour" must be understood
here.

M " criminals " HI. " men of Jinayet." Presumably it would include " suspects "
or " accused persons " hut the expression is typically lax.

13 " act " ; it means " connivance." M co-operation."

" "selfish object" or "private end," "spite," "grudge"; but it means here
" of set purpose," " designedly." Nicolaides translates the whole passage " rjj

ovvtpyi'f koi ry -rrpofisffiu"

16 " gravity " lit. " degrees."

u " Jinayet " ; probably used loosely hers.

94

OTTOMAN PENAL CODE.

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OTTOMAN PENAL CODE. 95

Art. 118. — If a man, being one of those persons who
are not charged with the custody of persons imprisoned
or detained 1 procures or facilitates the means of the escape
of prisoners he is punished with imprisonment for from one
week to six months.

Art. 118 Note.— > " detained " {vide noto 3 to Art. 117).

Art. 119. — If a man, whether from among those who
are charged with the custody of prisoners or from among
other persons, in order to procure the means of the forcible 1
escape of prisoners gives to them 2 instruments, tools 8 or
weapons 4 he is punished with the punishment of temporary
kyurek.

Art. 119 Notes. — l " forciblo " or "by violence.*'
1 "gives to tham " or "supplies them with."

a " tools " or l appliances." Nicolaidcs translates as " ioyaXcTa " and the French
rendering is " instruments."

* " weapons " or " arms.'*

Art. 120. — Tn case a person, from among those charged
with the custody of prisoners, by taking money lets 1 a prisoner
escape, if the offence of the prisoner is one of the Jinayets
which render necessary 2 one of the punishments of putting to
death or perpetual 3 kyurek or confinement in a fortress he
is, in addition 4 to the recovery 3 of a fine twofold of the
money taken by him, punished with the punishment of
temporary kyurek and if the prisoner's offence is an offence
below these 6 he is punished with the punishment prescribed
for a Murteshi. 7

Art. 120 Notes.- — * " lets " lit. " makes."

* " render necessary- " lit. " call for."

* '* perpetual." This governs both kyurek and confinement in a fortress.

* " in addition to " lit. " besides."

* M recovery " lit. " taking."

* " below those," i.e., not so grave as those mentioned.

7 " murteshi " : " receiver of a bribo " {vide. Art. 68, and note Ifl to Art. 67).

Art. 121. 1 — If a person knowingly hides and conceals
in his house him who has escaped from prison or him who
is accused 2 of a Jinayet he is imprisoned for from six months
to two years. His 3 ascendant and descendant relatives,
spouses, brother and sister are, by exception, exempt from
this punishment.

Art. 121 Notes.— 1 Compare Art. 248 of the Froneh Code P6nal ;— " Ceux qui
auront recete ou fait rec^ler des personnes qu'ils aavaient avoir comuus des Crimea
emportant peine afflictive, seront punis de trois mois d'emprisonnoment au moins
et de deux ana au plus. Sont oxcopfces do la prosonto disposition lea ascendants ou
descendants, ^poux ou Bpousc momo divorces* frerea ou bujuts des criminals r6c&lea,
ou leurs allies aux memos degres."

96 OTTOMAN PENAL CODE.

2 " accused " or " charged with " or " found guilty of " ; any of thcso meanings
arc applicable. Nicolaidcs translates " q Kariiyopoufiet'o^" ("accused," "prisoner'*);
the French rendering is faulty.

3 " his " lit. "and his," i.e., "of the person concealed," i.e., a person related, within
tho indicated dogrces, to a fugitive, who has concealed auch fugitive is not punishable
under tliis Article.

PART TX.

Punishment of persons daring to break orEN seals

AND TO ABSTRACT 1 EFFECTS 2 OR OFFICIAL DOCUMENTS IN
TRUST-CUSTODY.

Part TX Notes. — *" abstract" lit. " take."

1 " effects " or " articles," " goods."

Art. 122. 1 — In case a seal placed 2 by order of the Adminis-
tration or Courts of the State 3 for the conservation of any
place or effects 4 or documents relating to whatsoever busi-
ness 5 it may be, is violated 6 and opened, then 7 if there is
an official in charge of the preservation of such seal and if
this incident 8 has taken place through 9 his inattention or
supineness 10 a fine of from five Mejidich gold pieces to fifty
Mcjidich gold pieces is taken 11 ; and if such seal has been
broken open when it was placed 12 on documents or effects 4
relating to Jinayets 13 the man charged with the conservation
thereof is besides such fine punished with imprisonment
for from three months to one year according to the gravity 14
of the Jinayet to which such documents or effects relate.

Art. 122 Notes. — * Compare Arts. 249 and 250 of the French Code Penal. Art.
249. w Lors quo dca scollcs apposes, soit par ordrc era Couvernemerit, soib par suit©
d'une ordonnance do justice renduo eu quelque matiere que ce soit, aurout etc brises,
les gardiens seront putiis, pour simple negligence, de six jours A six mois d'ernprisonne-
noent."

Art. 250. " Si le bris des scelles s'applique a des papiers et eiTets d'un individu
prevenu ou acctisA d'un crime emportant la peine de mort, des travaux foces 4 per-
petuito ou do la d6portation, ou qui soit condamn© a l'uae de ces peines, lo gardion
negligent sera puni de six mois a duux. aiis d'emprisoimement."

2 " placed,'* i.e., "affixed."

3 " State " or " Government."

* " effects " ; as in note 2 to Part IX.
■ *' business M or " affairs."

* "violated" or 'spoilt," "broken." Nicolaides uses the word "^ctyfiyfcf" and
the French rendering is " brise."

I " then " this word is introduced : it is not in tho Turkish text.

* " incident M or " circumstance."

* "through" lit. "witib."

10 "supineness" ; as in note 9 to Art. 117

II " taken," i.e., from the guardian.
» " placed " or " found.*'

OTTOMAN PENAL CODE. 97

u " Jinayets,' 1 i.e., in the Greek w KaKOvpytjpa " and the French " crime." The
second paragraph of tin's Article is thus restricted to cases of the greatest gravity as
in the French Code.

X1 " gravity " lit. " degree."

Art. 123. 1 — The person who violates 2 and opens the seal
placed on documents or effects 3 relating to eJinayets as stated
above is punished with imprisonment of from six months
to one year ; and if the one 4 in charge of the conservation
thereof 5 has done this 6 personally lie is punished with im-
prisonment of from one year to three years.

Art. 123 Notrs. — * Compare Art. 251 of the French Code P6nal i — " Qnieonque
aura, a deasoin, bris6 des scollca apposes surdes papiers ou effets dc la qualito enoncco
ea Particle precedent, ou porticipe au bris des scelles. sera puni de la reelusion ; et
si e'est 1© gardien lui-mSme, il sera puni des travaux forces a temps."

* "violates"; as in note 6 to Art. 122.
8 " effects " ; as in note 2 to Part IX.

* " the one," i.e., the person.

s " thereof, 1 * i.e., of the seal ; the word is not in the Turkish text but is introduced
for clarity in the translation.

a " dono this," i.e., " broken the seal."

Art. 124. * — The person who violates and opens the seal
found on a place, effects or documents relating to business
of every other kind 2 is punished with imprisonment of from
one week to six months ; and if those in charge of the con-
servation thereof 3 have done this personally they are im-
prisoned for from six months to one year. 4

Abt, 124. Notes. — 1 Cornparo Art. 252 of the Fronch Codo Pinal: — "A 1'ogard
do tous autres bris dc scelles, fog coupables seront punis do six mois a deux ana
d'emprisonnement ; ot si e'esfc le gardien lui-mome, il sera puni des travaux forces
a temps."

1 " every other kind," i.e., other than the ltind mentioned in the preceding two
Articles.

a " thereof," t.e., of the seal.

* "The notes to Arts. 122 and 123 may be consulted In leading this Article as they
are applicable in the oases where similar words are used," e.g., Ci violates," " effects, 1 '
" business."

Art. 125. 1 — With regard to those who dare to commit
that 2 theft which takes place hy the breaking open of seals,
exactly the same punishment as is provided with regard
to those who dare to commit theft by breaking the door-
locks 3 of a 4 place which is guarded 5 is carried out.

Abt. 125 Notes. — l Compare Art. 253 of the Fronch CodeP 4nal ■ — ■" Tout vol
commis k l'aido d'un hris do acollos sera punis comnio vol commis a l'aido d' effraction.'*
" " that." i.e.. " that kind of."
a " door-locks " or "locks on the doors."

* "a" lit. "tW

* "guarded" or "preserved."

I

98 OTTOMAN PENAL CODE.

Art. 126. x — If important State 2 documents, deeds, 3 regis-
ters, 4 account books, 5 or papers relating to trials 6 are taken
or stolen from the places assigned for their conservation
or from the hands of the men charged with their conservation
or are caused to be annihilated 7 or destroyed and 8 when
it becomes verified 9 that this incident 10 arises from the care-
lessness or supineness 11 of those who are charged with the
conservation thereof a fine to the amount of one month's
salary of theirs 12 is taken and they are imprisoned for from
one week to three months. 13

Art. 126 Notes.— 1 Compare Art. 254 of the French Code Penal :— " Quant- aux
subtractions, destructions et enlevements de pieces ou de procedures criminelles,
ou ri'autrrs papiprs, registres, antes at effete, eon tonus dans des archives, greiles on
depots publics, ou romis a un d^positairo public en cetto qualite, les poine3 seront,
centre Jes grefliers, archivistcs, noctures ou autres depoeztaires negligents, de trois
xnois 6 un an d'emprisonuement, et d'urio amende de cent francs &. trois cents francs."

I " State " ; tho word governs nil the five nouns immediately following.

3 "deeds" or "vouchers. 1 * The word in the Turkish text is "senedat" (pi. of
sened). Nicolaides translates " Stvatoypafa"

4 il registers " or " memorandum books," scrolls." The word in the Turkish text is
11 jerideV' Nicolaides translates "*cwc*t*e. '

6 "account books" or "records." Tho word in the Turkish text is "defatir"
(pi. of defter). Nicolaides translates " lenrdffri^fl .

* "trials." Th© word In the Turkish text is " muhakemat " (pi. of muliakem6).
It refers to and includes both civil and criminal proceedings.

7 " annihilated " ; it means "disappear." Nicolaides translates " *$a#cnw0&ny. n

8 " and " ; this word is not in the Turkish text.
8 " verified " or " certain."

10 M incident " ; as in note 8 to Art. 122.

II " supineness " : as in note 9 to Art. 117.

11 ** of theirs," i.e., of the custodians.

13 The some remarks mado in note 4 to Art. 124 apply here.

Art. 127. 1 — Persons who dare theft or the matters of
annihilation or destruction as stated in the above Article
are punished with imprisonment of from six months to two
years ; and if such theft or destruction of important docu-
ments takes place on the part of those charged with the
keeping thereof, they are, after one month's salary of theirs
is taken 2 by way of fine, punished with imprisonment of
from one year to three years.

Art. 127 Notes. — ' Compare Art. 255 of the French Code Penal : — " Quiconque
so sera rendu eoupable des aonfitraetions, enlevements ou destructions mentionnes
en 1' article precedent, eera puni do la reelusion. Si 1© orimo oet l'ouvrogo du deposi-
t«ire lui-meme, il sera puni des trovaux force* a temps."

* *' taken," i.e., from the custodians.

Art. 128. l — In case these Jinayets of breaking open seals
or theft or annihilation or destruction of documents take
place by compulsion of or assault on, on the part of some

OTTOMAN PENAL CODE. 99

persons, those who are charged with the keeping of documents,
those who dare to do this are punished with the punishment
of temporary kyurek.

Art. 128 Note. — ' Compare Art. 256 of the Prone U Code i-Vmal : — " Si 1*? bris
de 8C0II63, les aoust ractions, enlevements 011 destructions do pieces ont 6t& comtnis
avec violence en vers les persoiines, la puino sera, coittre toute porsoniie, celles des
trav&ux forces & temps, sans prejudice des peirtes plus fortes, s'il y a lieu, d'&pres ta
nature des violences et des autres crimes qui y seraiont joints."

Art. 129. 1 — Officials opening or causing to be opened
letters committed to the Post or to other means 2 of this
kind and especially Postal officials who have knowledge of
this 3 arc, in addition to 4 the taking 6 of a fine of from one
Mejidich gold piece to five Mojidieh gold pieces, imprisoned
for from one month to three years.

Art. 129 Note's. — ' Part of Art. 187 of the French Cod Pen a] is somewhat similar.
M Toute suppression, toute ouverture do lottres conti6es a la poste, commisc ou facilitee
par uq fonctionnairo ou un agent du Gouvernomcnt ou do 1 'administration, dca postes,
sera punie d'un amende de seize francs a einq cents francs et d'un einprisonnuinunt
de trois mois a cinq ana , . . M (I*oi, 28 Avril, 1832.)

a " means, 1 ' ».e., " means of conveyance. " Nicolaidcs translates " eu; aUo rotovrov
fiiaov droffToAiK," and the French rendering is "u d'autres interrnediaires do ce
genre.'*

3 " who have knowledge of this." This means " who are aware of the oponing
of the letters."

* " in addition to " lit. " besides."

1 *' taking," i.e., " from the offenders.

PART X.

Persons assuming official capacity without having the
right or authority to do so.

Art. 130. 1 — Whoever without having power or authority
from the Imperial Ottoman Government appears 2 of himself
in the capacity of a civil or military official or carries out
matters pertaining to 4 these offices is punished with the
punishment of imprisonment for not less than three months ;
and if he who dares this action 5 ventures to commit forgery
by producing 6 or publishing official documents such as a
fictitious Imperial Firman, 7 Vizierial order or warrant** the
punishment for forgers, as will be shown in Part XV., is
also awarded and carried out separately with regard to
him.

Art. 130 Notes. — l Compare Art, 258 of the French Code Penal : — " Quiconquo,
aans titre, ae sera immisce dans les fonctions publiques, civiles ou militaires, ou aura
fait les aotos d'une de ces fonctions, sera puni d'un emprisonnemenfc do doux a cinq
ana sans prejudice de la peine de faux, si 1'acte porte le caratere de ce crime."

12

100 OTTOMAN PENAL CODE.

8 '* the capacity of a civil or military official " lit. " in the quality (or * character ')
of a civil or military offico " ; H ofllco " or " mission.*'
4 " pertaining to " lit. " branching out of."

6 " dares tliis action," i.e., *■ dares to act in thie way.*'

8 " producing " lit. " showing."

7 "Firman,*' i.e., "decree," or "order."

• " warrant " j this word is not governed by the adjective Viziorial : " warrant "
ifl in the Turkish text H buyruldu " and is translated by Nicolaides u np6oTnynu "
(command) ; the French rendoring is " ordonnanee." It moans any warrant
in the sense of a mandate, decree in writing, or rescript.

9 " separately,' 1 *.«?., "in addition."

Art. 130 was amplified by an addendum dated 6 Jemazi 3
ul-Akhir ? 1329 (4 June, 1911), of which the text is as
follows : —

If a person recovers 1 his claim 3 personally by exercising
force or violence where 3 he is able to apply to the Govern-
ment at once, he is imprisoned for up to one year.

If the perpetrator of the offence proves the truth of the
claim, 2 as much as three-fourths of the punishment to be
undergone by him may be deducted.

The person who resumes possession or occupation of
immovable properties after the same have been judicially
taken off his possession and delivered to the person entitled
thereto is imprisoned for from one month to one year.

if this act is committed 4 by way of using force or violence
or exercising 5 threat on the part of armed and more than
one persons the punishment of imprisonment is increased 6
to from six months to two years.

To the above addendum the following notes may be added : —
1 " recovers " lit. " obtaina,"

• " claim " lit. « right."

3 " where " or *' in eases in which."

4 "committed" or "perpetrated."

• " exercising " lit. " bringing about."

• " increased " lit. " extended-"

Art. 131. * — Persons who wear decorations which they
have not obtained 2 from or for which they are not authorized
by the Imperial Ottoman Government or who put on official
dress superior to that proper to their rank 3 or who put on
uniform without having any rank or office* at all arc punished
with imprisonment for from three months to one year.

Art. 131 Noras.- — 'Compare Art. 259 of the French Code Penal ■ — " Touto
personn© qui aura publiquemont port© un costume, un uniforme ou un decoration
qui tie lui appartiendra pas, sera punie d'un emprisonnement de six mois a deux ans."
(Loi, 28 Avril, 1832).

8 "obtained" lit. "enjoyed" or "attained.**

s " superior to that proper to thoir rank " lit. " of a rank abovo their own."
4 *' office " or "appointment," "mission.*'

/ OTTOMAN PENAL CODE. 101

PART XL

Relates to persons interfering with 1 religious privi-
leges OR DESTROYING OR DAMAGING CERTAIN ANCIENT
OR ESTEEMED MONUMENTS.
Part XI Note. — l M interfering with " or " attacking," " opposing."

Art. 132. 1 — If on the part of any person interference 2
takes place with the rites and ceremonies to the performance
of which the classes of His Majesty's subjects are authorized
by the State 3 or obstruction* by deed or threat takes place
against the 5 performance thereof such person is punished
with imprisonment of from one week to three months,
according to the gravity 6 of his act. 7

Aet. 132 Notes. — x The French Code Penal dealt with this class of offence in fivo
Articles (Nos. 260-264) in which the possible forms which such an offonco might osaumo
and the modes in winch it might bo carried out are elaborated at soma length. The
text of none of these five Articles sufficiently resembles Art. 132 of the Ottoman Penal
Codo as to bo of much utility if introduced here.

Nicolaides Ott. Cod., p. 2463, gives in full a Circular emanating from the Miuislry
of Justice dated 20 Sefer. 1304 (18 November. 1386), from which it would appear
that onquirios hold by the Courts into blasphemous uttorancos against tho Prophot
were by confidential order dated 24 Rebi'ul-Akhir, 1280(8 October, 1863), instructed
to be held in camera and the records submitted to the Government and that by this
later Circular tho same system wag extended to all sinular judicial investigations
into blasphemy affecting religion, creed, religious tenets end the like (though without
submitting the results to Government) coupled with a rider to tho effect that in the
case of blasphemy against tho Prophet the uprightness and acceptability of tho witnesses
for the prosecution must be vouched for by tho local Naib (representative of the Cadi,
i.R.y Judge of the Shor' Court).

1 " interference " or " attack," " opposition ."

8 " State " or " Government."

* " obstruction " or " opposition," " limdrance."

* "against tho" lit. "to the."

* "gravity" lit. "degree."

' " act," more properly " treatment."

Art. 133. * — If there be anyone who demolishes or ruins
buildings or monuments constituting 2 sacred pious founda-
tions 3 or local embellishments 4 or damages parts thereof by
breakage 5 or who cuts or destroys the trees in the yards of
mosques or promenade grounds or streets 6 or squares 7 he
is, after being made to make good 8 the damage, punished
with imprisonment for from one month to one year and
a fine of from one Mejidich gold piece to ten Mcjidich gold
pieces is taken.

Art. 133 Notes. — ' Compare Art. 257 of the Freneh Code Penal : — " Quiconquo
aura detrui, abattu, inutile ou degrade* des monuments, statues et autres objet-s destines
a l'utilite ou d la decoration pvblicpio, et Aleves par l'autorito publiquc ou avoo son
autoriaotion, sera puni d'un emprisonnement d'un moU it doux aus, et 1' una aiuoiido
de cont francs a cinq cents francs."

a " constituting " lit. " which are of."

102 OTTOMAN PENAL CODE.

3 " pious foundations " or ** charitable inRtitutions."

4 " local embellishments " lit, " embellishments of a city (or ' town * or ' village ')."
The French rendering " a la decoration publiquc is u picturesque as Nicolaides'
translation " ipyn KOVfio^yra f?)v tr6Xtv.

* " or damages parts thereof by breakage " lit. " or damages by breaking certain
places thereof.*

6 " Streets." The Arabic word l ' esvaq " (pi. of " suq ") in the Turkish text means
literally " market places," but the ordinary meaning of tho word is '* streets."

' " squares " lit. " open places."

8 "make good"; it really means " repair a damage " or "make satisfaction for
an injury."

Art. 133 was repealed and a new Article substituted on
28 Jemazi'ul-Akhir, 1311 (6 January, 1894), of which the
text is as follows : —

x If there be any one who demolishes or ruins buildings
or monument constituting 2 sacred pious foundations 3 or
local embellishments 1 or damages parts thereof by breakage 5
or who cuts or destroys trees in the yards of mosques or
promenade grounds or streets 6 or squares 7 or interferes with 8
burial places or corpses he is, after being made to make
good 9 the damages, punished with imprisonment for from
one month to one year and a fine of from one Mejidieh gold
piece to ten Mejidieh gold pieces is taken.

To tho above new Article tlio following notes may be added : —
1 Notes 2, 3, 4, 5, 6, 1, to tho original Art. 133 also apply to the abovo new Art.
133 as shown by corresponding numbers.

• " interferes " or " tampers," ' ; meddles."

■ "make good" {vide note 8 to the original Art. 133).

PART XII.

Persons deranging 1 telegraphic communications. 2

Part XII Notes. — '"deranging* 1 or "spoiling/' "impairing."
a " communications " ; the primitivo meaning of the word in tho Turkish text
is " correspondence."

Art. 134. — Whosoever, 1 through carelessness, interrupts 2
the service, working 3 or apparatus of the telegraph in a
manner so as to be a hindrance to communication 4- incurs 5
a fine of from five Mejidieh gold pieces to fifty Mejidieh gold
pieces ; and if it is proved that he has done this wilfully
he is, in addition to 7 this fine, imprisoned for from three
months to two years.

Art. 134 Notes. — * " whosoover " lit. "whoever it may bo."

* " deranges " ; as in note 1, Part XII.

* " working " lit. "movement," "motion," "action."

* " communication " ; as in note 2, Part XII.

K "incurs" lit. "is taken," i.e., there ia taken from hiin.

" proved " or " established."

7 '* in addition to " or " over and above."

OTTOMAN PENAL CODE. 103

Art. 134 was repealed and a new x^rticlc substituted on
6 Jomazi'ul-Akhir, 1329 (4 June, 1911), of which tho text
is as follows : —

Whosoever, 1 through disrespect of regulations, 2 deranges 3
the service, working 4 or apparatus of the telephone or tele-
graph in a manner so as to be a hindrance to communication 5
incurs 6 a fine of from five Mejidieh gold pieces to fifty
Mejidieh gold pieces ; and if it is proved 7 that he has done
this wilfully he is, in addition to 8 this fine, imprisoned for
from three months to two years.

To the above now Article the following notes may be added :—
1 "whosoever"; a9 in note 1 to tho original Art. 134.

8 "regulations." The word in tho Turkish text is " nizamat " (pi. of M nizam.")
Vide note 2 to Art, 10.

* "deranges " ; as in note I to Part XII.

1 ** working "j as in note 3 to tho original Art. 134.

* " communication " ; a* hi note 4 to the original Art. 134.

* " incurs " as In note 5 to the original Art. 134.

* "proved" ; as in note 5 to tho original Art. 134.

* "in addition to"; as in note 7 to tlio original Art. 134.

Art. 135. -Whosoever, 1 through acts such as of breaking
or destroying the telegraph wires or the insulators 2 or posts
thereof, becomes the cause of the interruption 3 of com-
munication 4 is imprisoned for from three months to two
years and a fine of from five Mejidieh gold pieces to fifty
Mejidieh gold pieces is taken.

Art. 135 Notes. — * " whosoever " j as in note 1 to the original Art. 134.
5 "insulators" lit. *' porcelains."

* " interruption " lit. " suspension."

* "communication" ; as in note 2 to Part XII.

Art. 135 was repealed and a new Article substituted on
6 Jemazi'ul-Akhir, 1329 (4 June, 1911), of which the text is
as follows : —

Whosoever, 1 through acts such as of breaking or destroying
the telephone or telegraph wires or the insulator-posts 2
thereof, becomes the cause of the interruption 3 of communi-
cation 1 is imprisoned for from three months to two years
and a fine of from five Mejidieh gold pieces to fifty Mejidieh
gold pieces is taken.

To the abovo now Article may bo added the following notes ; —
1 '* whosoever " ; as in note 1 to the original Art. 134.

* "insulator-posts" lit. " l porculain-poets " ; this is probably a misprint, in the
Turkish text, for insulators or posts." Vide the original Art. 135.

* "interruption" lit "suspension."

' u communication " ; as in note 2 to Purt XII.

Art. 136. 1 — Whosoever, 2 during the occurrence of any
disorder 3 or disturbance 4 of any sort within the dominions

104 OTTOMAN PENAL CODE.

of the Imperial Ottoman Government, by destroying one
or more of the telegraph lines or otherwise preventing the
working thereof or by forcibly or in other manner seizing
the same interrupts 5 the communication or correspondence
passing 6 between officials or prevents or restrains senders
of messages 7 through the medium of the telegraph from ex-
changing correspondence or forcibly opposes the repairing
of the telegraph line is put in kyurek temporarily in addition
to 8 the taking of a fine of from fifty Mejidieh gold pieces
to two hundred Mejidieh gold pieces.

Art. 136 Notes. — * Nicolaides gives (Ott. Cod., p. 2465) tho text of a Vizierial
Order by which it is pointed out that tho offences of intorforerico with tho railway
line must be dealt with under tho Instructions as to Railways of 8 Sefcr, 1283 (II
June, 1867) and the Law of 6 Kebi'ul.Akhir, 129a (3 June, 1873). Tho former
may bo found in the Destur, II, p. 340 ; Nicolaides, Ott. Cod., IV, p. 3456, and tho
latter in the Bestur, TV, p. 303 (vide also Aristarehi, Leg. Ott., Ill, pp. 221-257 and
in particular p. 228).

1 " whosoever " ; a-s in noto 1 to the original Art. 134.

* ** disorder " or ** revolt."

* " disturbance " or "sedition." The word in the Turkish text is '* fesad " {wde
nofco 3 to Art. 49).

* " interrupts " or '* suspends.'*
<* " pawing " bt. " to run."

7 " messages " bt. " letters."

* "in addition to" lit. 'brides," "apart from"

Art. 136 was repealed and a new Article substituted on
6 Jemazi'ul-Akhir, 1329 (4 June, 1911), of which the text
is as follows : —

Whosoever 1 during the occurrence of any disorder 2 or
disturbance* of any sort within the dominions of the Imperial
Ottoman Government, by destroying one or more of the tele-
phone or telegraph lines or otherwise preventing the working
thereof or by forcibly or in any other manner seizing the same,
interrupts 4 the communication or correspondence passing 5
between officials or prevents or restrains senders of messages 6
through the medium of tho telegraph from exchanging corres-
pondence or from conversation by telephone or forcibly opposes
the repairing of the telephone or telegraph line is put in kyurek
temporarily in addition to 7 the taking of a fine of from fifty
Mejidieh gold pieces to two hundred Mejidieh gold pieces.

To the above new Article the following notes may be added : —

1 "whosoever " ; as in note I to tho original Art. 134.

2 :t disorder " or "revolt."

s "disturbance" (vrde note 4 to the original Art. 136).

* li interrupts " or "' suspends."
B " passing " lit. " to run."

6 " messages " lit. " letters."

7 " m addition to " lit. " besides," ** apart from."

OTTOMAN PENAL CODE. 105

PART XIIL

Relates to pebsons opening printing houses without
permission ob printing and publishing offensive
papers in printing houses opened by order and
permission and to the rules 1 of teaching 2 in schools. 3

Part XIII Notes.— "" rules " or "method."

1 " teaching " or ct instruction."

3 " in schools " lit. " of the schools."

Art. 137. l — Whoever prints books or papers 2 by opening
a printing house without there being the order or permission
of the Imperial Ottoman Government fifty Mejidieh gold
pieces are taken from him 3 by way of fine' 1 after his printing
house has been closed.

Art. 137 Notes. — 1 In connection with Arte. 137, 138 and 130 of the Ottoman
Penal Code it is important to consult the provisions of " the Press Law " of ~Z Shaban,
1281 (31 December, 1861), and its supplement of If) Shaban, 1292(11 September,
1875). The text of tho former will bo found in tho Dostur, II, p. 220; Nicolaides,
Ott, Cod., JV, p. 4303 ; Aristarchi, Leg. Ott., Ill, p. 320; and of the latter in the Destur
III, p. 443 ; Nicolaides, Ott. Cod. IV, p. 4311 ; Aristarchi, Leg. Ott. V, p. 236. The
provisions of tho above quoted Articles of tho Penal Codo aro very materially affootod
and amplified by these two enactments wliieh impose restrictions on the activities

of journalism and almost form a definitive code of newspaper libel. The earlier law
deals inter alia firstly with the somewhat elaborate requirements necessary to onablo
a journal to be startod and carried on ; and secondly proscribes tho penalties for
issuing a periodical without permission, for refusing to insert official communications,
for fostering sodition, for outraging " la morale publiquo, > ' decency or religious faiths,
for attacks against the Sultan, the Imperial Family, tho Imperial authority. Ministers,
officiate, friendly Powers and their representatives Bad private persons and for tho
dissemination of false news. The suppression of the offending journal, tinea and
imprisonmont oil enter into tho ponal scheme. Tho supplementary enactment extends
the provisions of the law to what one may term ' special editions " as opposed to
the ordinary issues of a paper. The formalities required to obtain permission for
tho opening of a printing offico are contained in Regulations of 20 Jcm&si'ul-Evvel,
1273 (10 January, 1S57). tho text of which will bo found In tho Destur, IT, p. 220;
Aristarchi, Leg. Ott., Ill, p. 318.

a " papors " ; Nicolaides translates by " tyyprr^ff."

* " from him ** ; these words are introduced into the translation for clarity.

* " by way of tine " or as fine.'*

Art. 138. — In the case of a person 1 who dares to print
and publish a newspaper or book or offensive 2 papers in
printing houses, which have been opened by order or per-
mission of the Imperial Ottoman Government, against the
Ottoman Empire or Government authorities 3 or a nationality 4
subject to the Ottoman Empire, the things which he has
caused to be printed arc first seized 5 and, after the closing of
his printing house 6 temporarily or altogether according to the
gravity 7 of his offence, a fine of from ten Mejidieh gold
pieces to fifty Mejidieh gold pieces is taken.

106 OTTOMAN PENAL CODE.

Art. 138 Notks. — 1 " in the case of a person " literally simply " of a person.' 1
z "offensive." Nicolaides uses the word *' in/UaCi/f." The word " injurious "
should bo read as meaning "'prejudicial to in. conjunction with the objeetg against
which the offensive publications are directed. The French paraphrase is " prejudi-
ciables mix inte>ets de 1' Empire Ottoman, etc.*'

3 Govornmoiit authorities lit. men of (governmental) nuthoritv " or men
of administrative power."

4 " nationality " ; this would also include a Community bound together by religion
(e.g., tho Roman Catholic community) but not necessarily territorially unified.

6 " seized " or *' confiscated."

*' after the closing of his printing house " lit. " after causing his printing house
to be closed."

7 li gravity " lit. " degree."

Art. 139. j — From the person who contrary to public
morals 2 prints or causes to be printed or publishes in verse
or in prose any things relative to jest or satire a or indecent 4
pictures or images a fine of from ono Mejidieh gold piece
to five Mejidieh gold pieces is taken and he is imprisoned
for from twenty-four hours to one week.

Art. 130 Notes. — l Vide note I to Art. 137. It may be observed that Art. 14
of the Press Law of 2 Shaban, 1281, has a considerable bearing on this Article.

3 " public morals " or *' public decency." Nicolaides translates *' ivavriov rwv
Xpif0r&v ifiiav" ; the French rendering is " contraires aux bonnes inoours."

3 * l tilings relative to jual or satire. " The French rendering omits these phrases
but Nicolaides translates the passage " tuvTtrayft&voc jeXomypapiKd^ k/u aarvouc&$
$tarpif$a$ " (caricatures and lampoons.)

* ** indecent " or " obscene."

* "indecent pictures or images. 1 ' Nicolaides translates ** p&roypa$lac jJ Aatfivovg
ttKvvac " and the French rendering is " des ligures ou images obscenes."

Art. 140.— If a person opens a school contrary to the
regulations 1 on public instruction a fine of from five Mejidieh
gold pieces to thirty Mejidieh gold pieces is taken after the
school opened by him has been caused to be closed.

Art. 140 Notes. — l regulations." Nicolaides translates ( *ri$ ciara%F.uj" and the
French rendering is " aux lois efc regloments." The word in the Turkish text
is " nizamnt " (pi. of nizam) which might include any law, regulation or ordinance.
(Vide note 2 to Art. 15.) Tho chief law on public instruction is that of 24 Jomazi'ul-
Evvel. 1286 (1 September, 1809}, of which the text ia to be found in the Destur, II.
p. 184; Aristarchi, Leg. Ott., Ill, p. 277.

Art. 141. — If there be anyone who practises schoolmaster-
ship without permission, contrary to the regulations 1 on
public instruction, he is prohibited from the practice of 2
schoolmastership and a fine of from two Mejidieh gold pieces
up to ten Mejidieh gold pieces is taken.

Art. 141 Notes, — l " regulations " (vide note 1 w> Art 140).

1 " the practice of " j these words are introduced into the translation for
clarity.

OTTOMAN PENAL CODE. 107

Art. 142. — If a book is taught in a school contrary to
the regulations 1 on public instruction the director of the
school who causes such book to be read and, if the school
has no director, the schoolmaster who teaches such book
is punished with imprisonment for from one week to one year.

Abt. 142 Note. — * " regulations " {vide note 1 to Art. 140).

PART XIV.

Sets forth False Coining.

Art. 143. 1 — Persons who coin 2 money in imitation of
the gold or silver coins the circulation of which is legally
accepted 3 and established 4 within the Ottoman Empire or
by extracting or separating 5 gold or silver little or much
from the said established coins by means of a file 6 or drill 7
or aqua fortis 8 or by other instruments or way diminish
their value or with a view to passing off a coin for another
more valuable coin gild the same in the colour thereof 9
or assist 10 the circulation in the Ottoman dominions of such
spurious or base coins or in the coming from foreign countries
and entrance into His Majesty's dominions thereof or are
occupied with the passing 11 off of spurious coins are tem-
porarily placed in kyurek for not less than ten years.

Art. 143 Notes. — 1 Compare Art. VS2 of the French Code P6nal: "Quiconquo
aura confcrefaifc ou altexo les monnaies (Tor ou d'urgent ayant cours legal en France,
ou parti cip*s a remission ou exposition dos dites rnonnaies contrefaites ou alter£es,
ou a leur introduction sur le territoire francais, sera puni des travaux forces a per-
pAfcuite." (Loi, 28 Avril, 1832).

8 " coin " lit. " cut,** i.e., " strike. " Nicolaides translates *' 6 tsrurrtuoat " ; the
French rendering is " contrefait."

8 "accepted/' i.e., "valid," ''legally current."

* " established " lit. " fixed,' * "decided." Nicolaides translates the passage "w»
(voniafMiTwv) r) . KmeKaQopta tTirpBir$rai tcurA rav vo/iov" ; and the French rendering
is " ayant cours 16gal."

s "separating" or "detaching."

8 "file"; " pivtj " in Nicolaides: "limes" in the French rendering.

7 " drill " or " punch " : " o<* a7roico7rTi)^o<: " in Nicolaides ; " orapor to -pieces " in
the French rendering.

8 " aqua fortis" or " nitric acid."

• " thereof," i.e., tk of the more valuahle coin."
10 "assist* 1 lit. "are auxiliaries to."

"''passing ofiY* i.e., "uttering," "putting into circulation"; in Nicolaides
11 corav/XfcifTic."

Art. 144. 1 — Whoever coins 2 money in imitation of the
copper coins circulating in the Ottoman dominions or assists
in 3 the circulation in the Ottoman dominions or the coming

108 OTTOMAN PENAL CODE.

from foreign countries and entrance into the dominions
of His Majesty the Sultan of such spurious coins is put in
kyurek temporarily.

Art. 144 Notks. — * Compare Art. 133 of the French Code Penal: — " Celui
qui aura contrefait on altere des monnaies de billon ou de cuivre ayant coura legal
on Franco, ou partieip6 a remission ou exposition dea ditcs monnaies contrefaites
ou alterees, ou a leur introduction sur le tcrritoire francais, sora puni des travaux
forces a temps." (I-oi, 28 Avril, 1832).

2 " coins " lit. " cuts," i.e., " strikes." Nioolaidos horo translates " 6 wttptwtip&iatS n
(7rnpax«f«TT(u=^to coin base moiioy) : compare note 2 to Art. 143.

* " assists in " lit. " becomes an auxiliary to."

Art. 145. 1 — Whoever coins 2 money in the Ottoman domi-
nions in imitation of foreign coins or diminishes the value
or alters the colour of foreign coins in the ways 3 set forth 4
in Art. 143 or assists in 5 the circulation in the Ottoman
dominions or the entry into His Imperial Majesty's dominions
from abroad 6 of such spurious or base coins or is occupied
with the passing off 7 thereof is put in kyurek temporarily.

Art. I4fl Notes.-- 1 Compare Art. 134 of the French Code Penal :-— " Tout
individu qui aura, en Jj' ranee, eontrefait ou altere des monnaies etrongeres, ou par-
ticJpe a remission, exposition ou introduction en France de monnaies ctrangcrea
contrefaites ou alteri'os, sera puni des travaux forces a temps."

2 " coins " (vide note 2 to Art. 143 which applies hero also).

8 " in the ways " or " by tho moans "

« M set forth " or " stated."

* "assists in" [vide note 3 to Art. 144).

4 " abroad" lib. "outside."

' "passing off" (vide note 11 to Art. 143).

Art. 146. l — It is not necessary that the offence of passing
off 2 spurious coins should be imputed 3 to persons taking*
or giving the spurious or debased 5 coins referred to 6 in the
preceding Articles who suppose 7 they are genuine 8 ; but if
they pass off such vitiated coins after they have come 9 into
their hands being aware of their being .spurious or debased
a fine of not less than three times or more than six times
the amount 10 passed by them is taken and this fine may
in no case be under one Mejidieh gold piece.

Art. 146 Notes. — J Compare Art. 135 of tho French Codo Penal :— " La parti-
cipation euoncee aux precedents articles ne s' applique point a ceux qui, ayant recu
pour bonnes des pieces de monnaie contrefaites ou alterees, les ont remises en cir-
culation. Xoutefois colui qui aura fait iisoge dee ditcs pieces apres on avoir vcriiI6
ou fait verifier les vices, sera puni d'une amende triple au moins et sextuple au plus
do la fiomme representee par les pieces qu'il aura rondues a la circulation, sans quo
cette amende puiss© en aucun cos etro infer iouro a scizo francs." Nicolaidos (Ott.
Cod., p. 2468) gives in full a Circular dated 19 Rebi'ul-Ewel. 1301 (18 January. 1884),
issued from the Ministry of Justice prescribing that as, although the circulation of
foreign silver coins had been prohibited £rorn May, 1200 (May, 1883), owing to certain
exceptions made in favour of persons who required these foreign silver coins in
their business, the prohibited circulation continued, all persons who attempted to

OTTOMAN PENAL CODE. 109

fore© on. tho public either in exchange or other business this unlawful currency
would b© punishable undor Art. 146. The Circular i3 also shortly referred to by
Young, Corps da Droit Ott., VII, p. 30.

2 " passing oft" [vide note 11 to Art. 143).

a " imputed to " lit. " imputed with regard to " or " against."
" taking." *.e., " receiving."
" debased " or " base."

" roforred to" lit. "set forth" or "stated."
" who suppose " lit. " with the supposition that."
" genuine " lit. " true," "correct," "good."
41 come" lit. "passed."
10 " amount," i.e., " the value of the coins.*' It probably means the alloged or
face value though the Turkish text does not show this. Nicolaides follows the Turkish
accurately but the Fronoh rendering is the same as the wording of tho Fronch Code.

Art. 147. x — Those from amongst the persons guilty of 2
the Jinayets set forth in Arts. 143, 144 and 145 who report 3
the matter and those 4 who have dared to commit them 5 to
the Government before such Jinayets have been completely
carried out or before the work 6 of investigations 7 has been
entered upon 8 by the Government or who 9 after the work
of investigations has been entered upon are instrumental
in 10 the apprehension of still other guilty persons are exempted
from punishment but are taken under police supervision
temporarily.

Art. 147 Notes.— 1 Compare Art. 138 of tho Fronoh Codo Penal : — " Les por-
sonnes coupablos des crimes montionnes aux Arts. 132 et 133 soront exemptes de
peines, si, avant la consommation de ces crimes et avant Urate poursuites, ollea en
ont donne connaissance ot revel© les auteurs aux autorites constitutes, ou si, mome
apres lea poursuites commencues, elles out procure I'arrestatiou dos autres coupables.
Ellfs ponrront Ti&inmoins 6tro mises, pour la vio ou a temps, sous la surveillance specials
de la haute police."

• "guilty of" or also "accused of," "charged with."

• "report" or " denounra."

4 " those," the culprits (accusative).

8 " dared to commit them " lit. " dared them," " them," i.e., these Jinayets.

1 " work " lit. " business," " affair," " matter."

7 "investigations'* lit. " researches."

1 " entered upon " or " commenced."

• " who " ; tho word is not in tlie Turkish text.

10 " are instrumental in " lit. " serve to " or " render service to."

PART XV.

Sets forth Forgtqry.

Art. 148. 1 — Persons who imitate or cause to be imitated
Orders 2 of the Imperial Ottoman Government or who alter
or cause to be altered the Supreme Orders 3 or who imitate
or cause to be imitated the paraph 4 or signature of the
officials of tho State or who make a false 5 seal in imitation
of a seal belonging to 6 the offices or officials of the Imperial

110 OTTOMAN PENAL CODE.

Ottoman Government or who use such a false 5 seal or who
imitate or by forgery alter the bonds, 7 obligations, 8 pay-
warrants 9 and every other description of deeds, 10 which arc
in circulation, of all the treasuries 11 or public chests 12 or who
use or introduce into the Ottoman dominions such false 5
paper-moneys or deeds 10 are punished with the punishment
of temporary 13 kyurek or confinement in a fortress for not
under ten years.

Art. 148 Notes. — l Compare Art. 139 of the French Code Penal : — " Ceux qui
auront contrcfait 1c sccau do l'Etat ou fait usage du scoau contrcfaib j ceux qui auront
oontrefait ou falsifie. soit des effets 6mis par le tr^sor public avec son timbres, soit
des billets de banques autorisees par la loi, ou qui auront fait usage de ces effets et
billots contrcfaits ou falsifies, ou qui les auront introduita dans l'enceinte du torritoire
francais.. seronl piinis des travanx forces a temps."

2 M Orders " ; the word in the Turkish text is " ovamir " (pi. of " omr ").

3 " the Supremo Orders." This phrase is only probably synonymous with the
phrase "Orders of the Imperial Ottoman Government" above. The commentator
Heshad takes this view.

* paraph " ; the word in the Turkish text is " eahh " ; it might bo freely translated
" initials." Nicolaides translates by " povaypatpiiv " ; the French rendering is
*' paraphe " ; Walpole uses " initials."

6 "false" or "counterfeit," "forged," "spurious."

* "belonging to* 1 lit. "special to," "peculiar to,"

7 " bonds " lit. " shares." The expression refers to annuities sold by the Ottoman
Treasury. The word in tho Turkish text is " esham " (pi. of "sehm").

8 "obligations" or "Treasury bonds" ; the word in th© Turkish text is " tah-
vitat " (pi. of " tahvil ").

9 " pay-warrantrt " ; tho word in the Turkish toxt is " sergi " (vide noto 1 to
Art. 85).

10 "deeds"; the word in the Turkish text is " senedat " (pi, of "sened"); the
word also means " contracts, " "vouchers," "documents." "obligations" (vide note
2 to Art. 85).

11 " treasuries," i.e., tho public treasuries.

12 " public chests." The word in the Turkish text is " mal sandiqlari " (pi, of
" mal sandighi "). The expression no doubt means hero tho local or district treasuries.

w " temporary " ; the word qualifies both kyurek and confinement in a fortress.

Art. 149.' — Whoever imitates or alters by way of forgery
any of the stamps 2 of every kind bearing the tughra 3
belonging to the public 4 is punished with the punishment
of temporary kj r urck or confinement in a fortress for not
exceeding ten years 6 ; and the person who by obtaining
possession by some means of one of such public 4 stamps 6
bearing the tughra uses it in a way to be prejudicial to the
State or country is imprisoned for three years.

Art. 140 Notes.— * Compare Arts. 140 and 141 of the French Code Penal. Art.
140. " Ceux qui auront contrefait ou falsifid, soit un ou plusieurs timbres nationaux,
soit les marreaux de PEtat servant anx marques forestieres, soit le poincon ou les
poincona servant a marquer les mati&res d'or ou d'argont, ou qui auront fait usage
des papiors, eilets, timbres, niarteaux ou poin^ons falsifies ou contrefaits, seront puuis
des tiavaux forces k temps, dont le maximum sera toujours appliques dans ce eas."

OTTOMAN PENAL CODE. Ill

Art, 141. " Sera puni de la r6clusion, quiconque s'etant indumenfc procure les
vrais timbres, marteaux on poineons ayant 1'une des destinations exprimes en Particle
140, en aura fait one application ou \isage prejudiciable aux droits ou int^rets do
rEtat."

* " stamps." In the Turkish text tho words used to express "stamps bearing
the tughra" arc '* tughrali damgha." " JJamgha " means according to Kodhoueo :
1. An instrument for stamping;. 2. The mark stamped with such an instrument.
The phrase would include therefore not only postage ami revenue stamps hut any
plate or die for such or indood any " stamp or " mark or the implements with
which the j' were made, provided of course they belonged to the Government and
comprised the "tughra" or Imperial Cypher. The distinction between Arts. 149
and 150 so far aa the word " stamp " ia coneornod is that in the former it is qualified
by the fact of comprising the Imperial Cypher, and in the latter it is not.

* " tughra "t "The Imperial Cypher." {Vide, Art. 16, note 6). This " chiffre **
i8 a very familiar and prominent feature on all Turkish postage and revenue stamps.

1 " public, 1 ' i.e., the public as represented by the Treasury.

* "for not exceeding ten years" ; these words qualify both the punishments of
temporary kyurek and confinement in a fortress.

* "such public stamps." The phrase refers only to genuine stamps. Tho transla-
tion of Nicolaides and the French rendering also support this view.

Art. 150. 1 — The person who imitates any kind of seals 2
or stamps 3 or marks 4 intended to 5 be impressed in the name
of the Imperial Ottoman Government on any kind of mer-
chandise or goods or which belong 6 whether to an office 7 or
whether to an association authorized 8 by the State or whether
to a commercial house or uses that sort of forged stamps
or marks is punished with imprisonment for three 3'ears and
the loss taking place on account of this forgery of his is
caused to be made good 9 by him ; and whoever obtains
possession by some means of the originals 10 of such seals
or stamps or marks and uses them in a manner 11 to be pre-
judicial to the interests whether of the Government or of
offices 7 or whether of a commercial association or of any
special body or society similar thereto is punished with
imprisonment for from six months to one year and the loss
taken place in this way is also caused to be made good 9 by
that person.

Art. 150 Notes.—' Compare Arts. 142 and 143 of the French Code Penal. Art.
142. " Ceux qui auront contrefait leu marques destinies a ftl.re appos&s an nom
du Gouvernement, sur les diverse** especes de den roes ou de marchandises ou qui auront
fait usage des ccs fausacs marques ; —ceux qui auront contrefait le sceau, timbre ou
marque d'une autorite quelconquo ou d'un 6tablisseinent particulier de banque ou
do commerce, ou qui auront fait usage de sceaux, timbres ou marques con trof aits, —
eeront punis dc la r6clu8ion."

Art. 143. " Sera puni de la degradation civique, quiconque s'etant indi'tmont procure
les vraia sceaux, timbres ou marques ayant l'une dm destinations exprimeea en l'art.
142, en aura fait unc application ou usage projudiciablc ou droits ou interets de l'Etat,
d'une autorite quelcouque, ou memu d'un etablisseinout particulier." (Loi, 28 Avril,
1832.)

a *' seals " ; the word in tho Turkish text is " muhr " which moans " seal " and
also " the impression of a seal."

112 OTTOMAN PENAL CODE.

9 " stamps " ; the word in the Turkish text is " damgha " (vide note 2 to Art. 149).

* *' marks " ; the word in the Turkish text is " nishan," which moans " a distin-
guishing sign" or "an impression " or "print."

* " intended to " lit. " special to " or " peculiar to."

* " belonging to M lit. as in note 5 though the same English word cannot suitably
bo used in both passages (vide also noto 6 to Art. 148).

* *' office " ; it means a public, i.e.. Government office. The word hore is used
in the sense of " a public eniploymont " or " a public appointment."

8 " authorisod " lit. " which i3 with the permission of."

8 "made good" lit. "restituted."

l * " originals," i.e., "genuine" lit. "real," "prototype."
11 " in a manner " lit. "in a condition."

Art. 151. 1 — Whosoever from among persons guilty of 2
the forgery set forth in the preceding Articles reports 3 to
the Government the matter and those who have dared to
commit it 4 before such Jinayets have been completely carried
out or before the work 5 of investigations 6 has been entered
upon 7 by the Government or who even after the work of
investigations has been entered upon is instrumental in 8
the apprehension of the other guilty persons is exempted
from punishment but he is held 9 under police supervision
temporarily.

Art. lfll Notes. — * Art. 144 of the French Code Penal prescribes that the provi-
sions of Art. 138 of that Codo (the text of which has been already given under note
1 to Art. 147) are applicable to Art. 139.

8 "guilty of" or "charged with," "accused of." "arraigned for."

3 " is instrumental in " ; as in note 10 to Art. 147-

4 "dared to commit it" lit. " darod it."
11 " work " ; as in noto 6 to Art. 147.

8 " investigations " : as in note 7 to Art. 147.

7 " entered upon " or " commenced."

* "instrumental in"; as in note 10 to Art. 147.

* "held" or "kept."

Art. 152. 1 — Whosoever from among officials while carrying
out 2 his office commits forgery whether by making additions 3
between the lines of judgments or mazbatas 4 or other deeds 5
or books 6 or registers or other records 7 or by altering the
writing or seal or signature or placing in lieu of the name of
a person the name of another person is punished with the
punishment of temporary 8 kyurek or confinement in a fortress
for not under ten years ; and if the person committing this
forgery is not an official he is punished with the punishment
of temporary 8 kyurek or confinement in a fortress for not
exceeding seven years.

Art. 152 Notes.— ' Compare Art. 145 of the Krench Code Penal: — "Tout
fonctionnairo ou officicr public qui, dans 1'oxorcico de sea fonctions, aura commis un
faux, — soit par fausscs signatures, soit par alteration des actes, ecritures ou signatures, —
soit par supposition des personnes, — soit par des ecritures faites ou intercaEees sur des
registres ou d'autree actcg publics, dopuia lour confection ou clotures, — sera puni
des travaujt forces a perpotuite"

OTTOMAN PENAL CODE. 113

Art. 147 of the French Code Penal corresponds roughly to the latter parts of Arts.
152 and 153 of the Ottoman Code ; it runs " Seront punies des travaux forces a temps,
toutos autros pcrsonnos qui auront commie un faux on ccriture authcntiqnc ot publiquo,
ou en ecriture de commerce ou de banque, — soit par contrefacon ou alteration d'ecritures
ou de signatures, — soit par fabrications de conventions, dispositions, obligations ou
docharges, ou par lour insertion nproscoup dans 066 actes, — soit par addition, ou altera-
tion do clauses, de declaration ou de faits que ccs actes avaient pour objet de recevoir
et de oonstater."

2 " carrying out " or " performing."

8 " making additions' 1 lit. ''adding."

• " mazbataa " {vide, note 3 to Art. 19.)

6 " deeds " ; as in noto 10 to Art. 148. Nicolaidos U303 " £<*at<Jyj>a£<r."
€ " books M or " account-books," " lists." " inventories."

7 " records M ; it would include " Court, .records.**

8 " temporary " ; it governs both punishments.

Art. 153. 1 — If an official, while drawing up by virtue of
his office any kind of official deeds 2 or documents prepared 3
for men of business in Councils 4 or Courts or other places
where affairs of men 5 are conducted, commits forgery by
fraudulently altering the principal 7 matter or the circumstances
relative thereto 8 whether by perverting 9 the declarations or
statements of the men of business or whether by putting
an untrue matter in the place of that which is 10 true or
representing as acknowledged 11 a ease or a matter which has
not been acknowledged is punished with the punishment
of temporary 18 kyurek or confinement in a fortress for not
less than ten years.

Art. 153 Notes. - 1 Compare Art. 146 of the French Code Penal : — " Sera a nssi
puni des travaux forces a pcrp6tuitc, tout fonefcionnaire ou ofiicicr public qui, en
rcdigcant des acles de son ministero en aura fraudulcusctnent denature la substance
ou les circonstanees, soit en Acrivant des conventions autres que celles qui auraieut
6t6 traccea ou dictcc.i par lea parties, soit en constatanfc commo vrais des faits fauK,
ou commes avoufe des fails qui ne l'etaiciit pas.'' The latter purt of uvte I to Art.
152 should also be noted.

• " deed* " {vide note 10 to Art. 148).

a " prepared " lit. " made '* or " done."

• " Councils " {vide note 4 to Art. 79).

s " men," i.e., the public : lit, " servants (of God)."

• M conducted," more literally '' looked into," " examined into." [Vide also noto
3 to Art. 78.)

7 " principal " or " real," " essential," " original."

• " relative thereto " or " dependent thereon" lit. " brandling out therefrom."

• " perverting*' lit. " writing in a different way."

20 " that which is " ; these words are inserted in the translation for clarit3*.
n ** acknowledged " or " avowed," H confessed." " admitted."
l * " temporary " ; the word governs both punishments.

Art. 154. x — Those who knowingly make use of 3 the forged
papers set forth in the preceding two Articles are put in
chains 3 or confined in a fortress temporarily 4 for not exceeding

seven years.

K

114 OTTOMAN PENAL CODE.

Anr. 154 Notts. — l Compare Art. 148 of the Kronen Cod© Penal : — "Dans
tons les cas exprimes an present paragrapho (which contains Arts. 145, 146, 147),
celui qui aura fait usage des actus faux sera piuii des travaux forces a temps."

For text of Arts. 145, 146, 147 vide notes 1, 1 to Arts. 152 and 153.

2 " make ueo of" lit. "use."

3 " put in chains " ; tho expression in the Turkish toxt is " prangabend " : a loose
equivalent for " kynrek M {inde note 3 to Art. 27).

* " temporarily " ; it governs Loth punishments.

Art. 155. 1 — The persons who commit forgery, in manner
set forth 2 above, on private documents 3 belonging to an
individual 1 or who knowingly make use of 5 such forged
papers are punished with imprisonment for from one year
to three years.

Art. 135 Notes. — l Compare Arts. 150 and 151 of the Fronch Code Penal. Art.
150. M Tout individu qui aura, do l'tine do manieres exprimees en 1'article 147 {q~v.
note 1 to Art. 162 above) commis tin faux en ecriture privee sera puni do la reclusion."

Art. 151. " Sera puni de la m6mc peine celui qui aura fait usage de la piece fausse,"

* " set forth M ot " stated."

8 " documents " lit. "papers."

* " private documents belonging to an individual " lit. " special documents relating
to an individual." Nlcotetdes translates " iv tyyp&$<# i$tu,TtKtf>.*'

The meaning is contradistinctive to public or official documents.
s " make use of " lit. " use."

Art. 155 was amended by an addendum dated 6 Jcmazi'ul-
Akhir, 1329 (4 June, 1911), of which the text is as follows : —

The persons who prepare or cause to be prepared falsely 1
or who alter or distort 2 or cause to be altered or distorted
the originals of invoices, declarations etcetera necessary to
be produced to the customs administrations under 8 the law 4
or who knowingly produce or make use of 5 or cause to be
produced or made use of such false or distorted documents 6
are imprisoned for from one week to one year or a fine of
from five Liras to one hundred Liras is taken or both of
these punishments are carried out together. 7

To the above addendum the following notes may be added : —
1 " falsely " lit. " as being contrary to truth "
s " distort " or " pervert." " falsify."
5 "under*' ot "according to."

' H law n or " regulation." The word in tho Turkish toxt is M nizam " (vide nofco 2
to Art. 15).

* ** make use of " or " use."

* "documents" lit. "papers."

' " together " or " at the same time."

Art. 156.' — The person who causes forged names to be
written in travellers' passes, 2 permits for journey, 3 or pass-
ports 4 or who becomes surety for the purpose of obtaining
passes 5 by such fraud is imprisoned for from six months
to two years.

OTTOMAN PENAL CODE. 115

Art. 156 Notes. — * Compare the first pert of Art. 154 of the French Code P6nal: —
" Quiconque prondra, dans un passe-port, un nom suppose, ou aura concouru coram©
t^moin k faire d6Hvr6 le passo-port. sous Is nom suppose, sura puni d'un emprisoime-
ment do trois mois a un an." This Artiolo of the French Codo has since (1S63) boon
modified.

8 " travellers* passes." The word in the Turkish text is " yol emri." These wero
special "passes" issued to travellers of distinction; thoy were abolished in 1880
and roptaccd by " Visional letters of recommendation " to the authorities of the
localities to which the traveller intended to proceed.

3 "permits for journey"; in the French '* fcuiUes-do-route." Distinguished
from passports by being applicable for internal journeys. Tho words in the
Turkish text aro " murur tezkeresi." These and the words "yol tczkeresi " (tran-
slated as " pormit of way "J in Art. 14 havo the samo meaning.

* * passports " ; for travelling abroad. The regulations as to passports in tho
Ottoman Empire have vari<*d at different times. An interesting chapter on Pass-
ports and Fouilles do-route will be found with the tost of the regulations applicablo
at the date of his publication in Young's Corps de Droit Ottoman, Vol. II, pp. 202-278.

8 " passes " lit. " road papers."

Art. 156 was amplified by an addendum dated 25 Sefcr,
1328 (8 April, 1908), of which tho text is as follows :—

Those who use a traveller's pass or permit for journey,
issued in 1 the name of another person, without altering or
distorting 2 it but merely assuming the namo of such person,
or give the said papers to another person knowingly that 3
they 4 will be used under a pseudonym 5 are imprisoned for
from one week to one month, and those who use passports
in this manner or give them to another person knowingly
that 3 they are to be used under a pseudonj'm 5 are imprisoned
for from six months to two years. 6

To the above addendum the following notes may be added : —
i "in" lit. "to."

* ** distorting " [vide note 2 in addendum to Art. 155).
8 '"' knowingly that." i.e., M with the knowledge that."

* " they" lit. "it."

* " under a pseudonym M lit. " with a borrowed iiumc," i.e., by assuming a fictitious
name.

6 In this Addendum for tho meaning of the words "traveller's pass," " permit for
journoy," and " passport" (vkU- notes 2, 3, and 4 to Art. 150).

Art. 157. l — The persons who forge a traveller's pass,
permit for journey or passport or alter or distort 2 such passes 3
which are genuine 4 or make use of such forged, altered or
distorted papers are imprisoned for from one year to three
years.

Art. 167 Notes. — * Compare Art. 153 of tho French Codo Penal ; — " Quiconque
fabriquera un faux paaso-port ou falsifiers un passe-port originairoment veritable ou
fera usage d'un passe-port fabrique ou falsifio, sera puni d'un empriflouuoment d'uno
ann6e au xnoins ot d© cinq ans au plus. 1 * This Article of the Code lias since beon altered.
(Loi. 13 Mai. 1803.)

Art. 156 of tho French Code deals with the fabrication of " une feuille do ronto "
in identical words with Art. 163 except that tho punishments are elaborated in

K2

116 OTTOMAN PENAL CODE.

a scale varying in degree according to the object with which the forged document
was effected and to the loss, if any, occasioned to the public Treasury by such
forgery.

3 "such passes " lit. " such a road paper."

4 " genuine " lit. " true."

Art. 157 was amended and re-issued on 7 Jemazi'ul-
Akhir, 1310 (27 December, 1892). The following is the text
of the new Article : —

The persons who forge a traveller's pass, permit for
journey, or Tezkere-i-Osmanieh, 1 or alter or distort these
papers, or use such forged, altered or distorted papers are
imprisoned for from one year to three years. 2

To the above new Article (he following notes mny bo added : —

1 " Tezkere-i-Osmanioh " ; this is a certificate of Ottoman nationality issued by

the Ministry of tho Interior.

8 In this new Article for the meaning of " traveller's pass " and " permit Cor journey *'

vide notes 2 and 3 to Art 166. For "distort" vide note 2 in addendum to Art.

155. The text; of the new Article may bo found in IJjiz-i-Kav, p. 972 ; Young, Corps

do Droit Ott., VII, p. 32.

Art. 158. l — If inn-keepers, coffee-house keepers, keepers
of lodging-houses for strangers/ 2 hotel -keepers or other such
persons who lodge people 3 by day-rent cause the persons
to whom they furnish rooms or habitation 4 to be enregistered 5
falsely under other names while knowing their true names
they are imprisoned for from one month to three months.

Art. 158 Notes. — ' Compare the last paragraph of Art. 154 of tho French Code
P6nal : — " I<es logeurs et aubergistes qui seiemment inscrironfc sur leura rcgistres,
sous des noins faux et supposes, les personues logics chez eux, seront puni d'tm
emprisomiement do six jours au inoins et d'un an au phis." The penalties in the
French Code have since (1S63) been lessened.

1 " lodging-houses for strangers." Tlie words in the Turkish text are " hekiar
odajisi " meaning a keeper of a kind of inn or lodging-house whero rooms are let to
artisans and labourers, generally strangers.

8 "people" lit. "this and that" or "the one and the other."

4 "habitation" or "quarters/' "lodgings."

E " enregistered " lit. '' registered in tho book."

Art. 159. l — Officials who issue, 2 permits for journey 3
without binding over on bail 4 according to the requirement
of the rules 5 and regulations 6 in force 7 in that behalf are
punished with dismissal from their office and imprison-
ment for from six months to one year. If such officials
knowingly write false names on the passes 8 to be issued 9
by them they are imprisoned for from six months to two
years.

AM, 159 NOTES, — * Compare Arts. 157 and 158 of the French Code Penal : —
" Los poinoa portoes en Farticle precedent seront appliqu^ee, solon Ios distinctions
qui y sont po&^cs, a toute personne qui se sera fait delivrer, par I'officier public, uno
feuillo de route sous un nom suppose." For the preceding Articlo (156) vide noto 1
to Art. 167,

OTTOMAN PENAL CODE. 117

Then Art. 158 completes the above as follows : — *' Si ToRicter public et&it iustruit
d© la supposition du norn lorsqu'il a dclivrc la fouillc, il sera puni, savoir "

then setting out grades of punishment on the lines indicated in note 1 to the Ottoman
Art. 157 above.

1 "iaauo" lift, "givo."

9 " permits for journey " (vide note 3 to Art. 150).

* " without binding over on bail," i.e., without taking security.
s "rules" or "method," "system."

* " regulation." TIio word in the Turkish text is " nizam " (vide note 2 to Art. 15).
The formalities necessary to obtain a " feuillo-do-routo (pHsso-port [nt^rieiir) have
varied from time to time but aro rather complicated. A version in French of the
regulations of 18 Zilqade, 1304 (8 August, 1887) may bo found in Young's Corps
do Droit Ottoman, II, p. 273 J and in Greek ill Micolaides Ott. Cod., p. 3088 ; in Turkish
in the Lah-i-Kav, I, p. 138.

7 "in force" lit. "observed," "respected."

* "passes" lit-, "road pnpera."

* "to be issued" lit. " to bo given."

Art. 160. 1 — The person who, in order to cause himself
or another to be exempted from any 2 kind of State 3 services,
makes a false certificate in the name of doctors or surgeons
as to 4 his bodily ailment 5 is imprisoned for from one year
to three years.

Art. 160 Notrs. — - 1 Oompnro Art. 159 of the French Codo Penal: — " Tout©
pcrsonno qui, pour so reclimoi' cllo-mctno ou en aft'ranchir uoo autro d'un service public
quelcouque, fabriquera sous le nom d'un inecteciu, cliirurgien ou autre oflicier de sant£,
un cm'tificat de inaladid on d'it»firmtt£ sara puni d'empristonnemont do d«ux A cinq
ana." 'Lho punishment proscribed in tliis Articlo of tho Kronch Codo ha3 since bcon
altered to the same as that in tho Ottoman Code (Loi, 13 Mai, 1863).

z "any" lit. "©very."

3 " Stat©,*' i.e., " Public " or " Government."

* "as to*' lit. " comprising."
6 "ailment" or " infirmity."

Art. 161. l — Whoever from amongst doctors or surgeons
in order to cause some one to be exempted from State 2 service
testifies without foundation on the solicitation 3 of a person
or for the sake of* some one to the effect that one has a disease 5
or ailment 6 is imprisoned for from one year to three years ;
and if he has committed this forgery 7 by taking 8 money or
a present the punishment for a Murteshi 9 is carried out with
regard to him and the punishment for a Rashi 10 with regard
to the giver of money.

Art. 161 Notks. — l Compare Art. 160 of the French Code Penal: — "Tout
m6dccin, chirurgion ot autro officior de sant6 ( qui, pour favoriser quolqu'un, certi-
fiera faussemenb dos maladies ou infirmities propres ri. dispenser d'un service public,
sera puni d'un emprisonnement do deux a cinq ans : —

" S'il y a 6te mu par dons ou promessoa, il aero puni du bunnissemenb : lea corrup-
teurs seront en ce cas. punis de la meiue peine."

This Article of the French Cod© lias sineo (1863) been alterod.

* " Stafco" ; aa in noto 3 to Art. 160.

1 " solicitation " or " request." It really means a request of a favour for some

118 OTTOMAN PENAL CODE.

4 "for the sake of" or "out of favour fop." Nicolaides translates " trp6c x<*P tv
Tivbc " and the French rendering is " par complaisance."
8 " disease," i.e t bodily disease.

* "ailment"; as in note 5 to Art. 160.
» " forgery" or "fraud."

* " taking " or " receiving."

* " Murteshi," i.e., " bribes " (vide Art. 68 note 1).
10 "Kaahi," «.«., "briber" [vide Art. 69 note 1).

Art. 162.' — Persons who unknowingly use 2 any forged
or counterfeit thing 3 of any 4 kind are held excused 5 from
punishment.

Art. 162 Notes. — - x Compare Art. 163 of the French Code P^nal which runs —
" L'application des peines portees contro ccux qui ont fait usage de monnaies, billets
sceaux. timbres, marteanv. poincons, marques et eerita faux, contrefaits, fabriques,
ou falsifies ; cessera toutes les foie que le faux n'aura pas 6t6 connu do la poraonno
qui aura fait usage de la chose fausse."

z " us© M or " make use of."

3 " tiling " : not ' document as Walpolo Ivas it. The word would include anything
mentioned in this Part (XV) of Iho Code and in Part XIV as well and is undoubtedly
intended to follow in moaning the French Article quoted in note 1 above. The French
Article is ono of the " Dispositions communes " to tho wholo of that sootion of the
French Code dealing with Forgery (Arts. 132-102).

* *' any " lit. "every."

* " excused " lit. " pardoned."

PART XVI.

Punishment fob Incendiaries.

Art. 163. 1 — Tlie person purposely 2 setting fire to and
burning any kind of buildings inhabited or uninhabited in
a city, town or village or any buildings outside for human
use 3 habitable or usable 4 or vessels is, whether they are his
own property or not, 5 punished with the punishment of
death.

Art. 103 Notes. — l Compare the first paragraph of Art. 434 of the French Code
P&nol : — H Quieonque aura volontnirement mis le feu k des Edifices, navires, bateaux,
magasins, chantiors, quond ile son t habitos ou servant A 1 'habitation, ot generalernent
aux Heux habitos ou servant a l'habitation, qu'ils appartionnent ou n'appartiennent
pas a 1'auteur du Crime sera puni de mort." (Loi, 28 Avril, 1832.)

* "purposely" or " promcditatcdJy," i.e., "with doliborato intont."
' " for human use " lit. li special to men," ■ peculiar to men."

* "usable " ; the correct translation of tho Turkish text is " used " but this is no
doubt a misprint.

' " whether they ore his own property or not " ; the words qualify all the subjects
of the arson mentioned in this Article.

Art. 163 was repealed and a new Art. 163 issued on 22
Redjeb, 1307 (14 March, 1890). The text of the new Article
is as follows : —

OTTOMAN PENAL CODE. 119

The person purposely 1 ' setting fire to and burning any
kind of buildings inhabited or uninhabited in a city, town
or village or any vessels 2 is, in case the building or vessel
he has burned is the property of others or it being his own
property the building or vessel of others is also burnt by
the spreading of the fire, punished with the punishment of
death if the fire which has been brought about has been
the cause of destruction of life, 3 and with that of kyurek
in perpetuity if it has not been the cause of destruction of
Ufa 8 But if tho building or vessel burnt is his own property
and the fire too does not extend 4 to and burn the building
or vessel of others 5 he is put in kyurek temporarily for not
more than ten years.

To the new Article the following notes may be added : —

* " purposely " ; as in not© 2 to the original Art. 163.

a '* vessels " ; in tlio Turkish toxfc the words "the perpetrator thereof" occur
after the word " vessels " : the presence of these words is apparent ly the result
of careless construction and they are omitted in the translation.

■ "life" lit. " person."

* "extend" lit. "spread."
8 "others*' lit. "another."

Tho toxt of tho Article as amended may be found in Djiz-i -Kov, p. 074 ; Karakoeh
Sarkis, p. 95 ; Nicolaides, Obt. Cod., pp. 2472, 2473 ; Young, Corps do Droit Otb,
VU, p. 33.

Aut. 164. 1 — The person purposely 2 setting fire to and
burning buildings which are not for human use 3 or habitable
or usable outside cities, towns or villages or vessels, woods,
forests or crops 4 which are still found on the soil, not being
his own property, 5 incurs the punishment of kyurek in
perpetuity : and in the Qase of their being his own property
and harm 6 accruing to others by the spreading of the fire
caused by his so purposely burning them, then to temporary
kyurek. 7

Art. 164 Noxes. — l This Article was taken from the third and fourth paragraphs
of Art. 434 of the French Code Penal ; — " Quiconquo aura volontairement mis lo
feu a des edifices, navircs, bateaux, mngusins, chant icrs, lornqu'ils no sont ni hnbitos,
ni servant a I'habitation, ou a des furets, hois taillis ou revokes sur pied, lorMque cos
obiots ne hii Appnrtiennent pus, sera puiu de la peine des travaux forces a pcrpetuitA.
Cclui qui on met tan t le fou u l'un doa objet# 6num6ro8 dans lo parngrapho precedent
et a lui-meme appar tenant, aura votontaireiueut cauwo un prejudice quelconquo a
hum'iii, sora puni dos travaux forces a temps.*'

Nicolaidea, Ott. Cod., pp. 2474, 2475 gives tho toxt of a lengthy circular emanating
from tho Ministry of Justice dated 23 Shaban, 1297 (21 July, 1881 ) which, after reciting
the causes which led to forest fires and stating that, they were often intentionally carried
out, ordcrod that exemplary punishment should be rooted out to offenders and that
owners of flocks and the chief men in villages adjacent to outbreaks of forest con.
flagrauons should bo bound over on recognisances against the recurrence of forest.
burning in their vicinity.

* " purposely " ; as in note 2 to the original Art. 16.1.

1 " for human use " ; as in note 3 to the original Art. 103.

120 OTTOMAN PENAL CODE.

* " crops ** or '* produce."

* "not being his own property " j tins qualifies all the subjects of tho arson men-
tioned in this Article.

* " harm " or " injury."

: Tlie above is the text of the Articlo as it originally appeared. It was first of all
amended on 1 Ramadan, 1291 (12 October, 187-1) the amendment consisting merely
in the insertion of the words " or temporarily for not less than fifteen years " after
the words " pimishment of kyiirolc in perpetuity." The Article as thus amended and
re -translated is given in Nicolaidca, Ott. Cod., p. 2473.

Art. 164 was again amended on 22 Redjeb, 1307
(14 March, 1890). The Article as thus amended reads
thus : —

The person purposely 1 setting fire to and burning build-
ings outside cities, towns or villages whether for human
use 2 or habitable or usable or not or to woods, forests or
crops 3 which are still found on the soil, incurs the punishment
of kyurek in perpetuity or temporarily if the thing burned
by him is the property of others, or of kyurek temporarily
if it 4 being his own property injury 5 accrues to others by
the spreading of the fire. Those who set about 6 intentionally 7
to burn any kind of buildings inside or outside a city 8
but fail to carry it into effect 9 are placed in kyurek
temporarily.

To the above Article as amended the following notes may bo added : —
1 "purposely "; us in note 2 to the original Art. 163.

* "for human use " ; as in note 3 to tho original Art. 163.

* "crops" or ** produce."

* " it," i.e., tho thing burned by him.

* "injury" or "harm."

* " set about " or " attempt," " daro." ,

' " intentionally " or " dolibcratoly," " "with molico prepense."

* " city " or " town."

* " fail to carry it into effect " lit. " cannot carry it into ©fleet " ; lt it " : " the
burning."

The text of tho Article thus amended may he found in Djiz-i-KftV, p. 974 ; Kara-
koeh SarkU, p. <J6 ; Nicolaides, Ott. Cod., p. 2473 ; Young, Corps de Droit Ott., VII,
p. 33.

The original Article was no doubt inconsistent with the original Art-. 163, tho
latter (163) providing the punishment ot" death for ineondiario.q of vessels whothor
or not the property of the incendiary whilst Art. 1C4 prescribed the punishment of
kyurek in perpetuity for incendiaries of vessels not being tho property of the
incendiary.

Art. 165. 1 — The individual purposely 2 sotting fire to
felled 3 fire-wood or timber or mowed crops, 4 not being his
own property, is placed in kyurek temporarily ; and in the
case of their being his own property and injury 5 accruing
to others 6 by his so burning them voluntarily 7 he is confined
in a fortress temporarily.

OTTOMAN PENAL CODE. 121

Art. 165 Notes. — x Compare the fifth and sixth paragraphs of Art. 434 of the
Froneh Uodo Penal :— ■*' Quiconcpio aura volontairomont mis le fou & doe bois ou
recoltes abattus, soit que les bois soient en tas ou on cordes, et les recoltos en tas ou
en meules, si ees objets no lui appartiennenfc pas, sera puni des travaux forces a temps.
Cehii qui, en mottant le feu a Tun des objets enumtfres darts le paragr&phe precedent
et a lui memo appartonant, aura volontuirement cause uo prejudice quelconque a
autrui s«ra puni do la reclusion." (Loi, 28 Avril, 1832.)

* "purposely '* ; as in note 2 to the original Art. 163.
J " felled " or " cut."

4 "crops" or "produce."

* " injury " or " harm."

■ " others " or " other people.'*

' " voluntarily " or " wilfully." This word clearly rofors to tho M burning " and
not to the causing of injury to others. That is to say the offender would commit an
offence even without having tho intention of doing injury to othars provided, of courso,
euch injury in fact accrued.

Art. 166. 1 — In any 2 case where the fire which takes place 3
becomes the cause of the destruction 4 of one or more lives 5
on its breaking out at the localities burnt, those who have
placed the incendiary bundle 6 are unrestrictedly 7 punished
with the punishment of death.

Art. 166 Notes. — l Compare the last paragraph of Art. 434 of tho French Qode
Penal :--" Dans toot les cas, si I'incondie a oceas tonne la mort d'uno ou plusieurs
poTfioimos so trouvant dans les Jioux inoondi6s au moment on il a delate, la poinc sera
la mort."

2 "any" lit. "every."

3 " which babes place " or "'which has takon place "; " which has occurred," "which
has happened."

* " destraction '' or " perishing."

6 " Uves " lit. "' persons."

8 " tho incendiary bundle," i.e., combustible subatanco made into a bundlo and
placed somewhere iti order to start or foster a fire.

7 "unrestrictedly" op "absolutely/' "universally." Nicolaideg ttanalfttftB iy yivit,
Tho word is omitted in. the French rendering. It means " without oxcoption,"
not " usually."

Art. 166 was amplified by an addendum dated 23 Rebi'ul-
Akhir, 1281 (25 September, 1864), the text of which is as
follows : —

If 1 there is found at a place contrary to regulation 2 gun-
powder for sale it shall be seized and the owner and keeper
of the gunpowder shall undergo 3 the punishment of kyurek
for a period of three years. If fire breaks out and damage
occurs from the taking fire 4 of the gunpowder found at the
place prohibited by regulation 2 the owner of the gunpowder
shall be placed in kyurek for from three years to five years
according to the amount of damage and for from ten years
to fifteen years if destruction of life 5 also takes place.

To this addendum the following notes may be added : — -

1 Tho text may be found in Djiz-i-Kav, p. 975 ; Karakooh Sarkis, p. 98 ; Nico-
laides, Ott. Cod., p. 2475 ; Young, Corps do Droit Ott., p. 33 ; Ariatarclii, Leg. Ott.
II, p. 270; Walpole. p. 71.

122 OTTOMAN PENAL CODE.

1 " regulation " ; the word in the Turkish text is " nizom " (vide noto 2 to Art. 15).
8 "undergo" or "suffer."

• "taking fire" lit. " inflammation," "blazing up."

• 4i lifo" lit. "person."

Art. 166 was further added to by a second addendum
dated 5 Shaban, 1321 (26 October, 1903), the text of which
is as follows : —

Those, who manufacture contrary to regulation 3 or import
by way of smuggling gunpowder or cartridges, and their
accomplices, are placed in kyurek for a period of three years.

To this second addendum the following note may be added : —

1 " regulation " ; the word in tho Turkish text is " nizam *■* (vide note 2 to Art. 15).

Art. 166 was the subject of a third addendum dated 19
Shaban, 1328 (24 November, 1910), of which the text is as
follows : —

Whoever, without obtaining permission from the depart-
ment concerned, manufactures within the Ottoman terri-
tories gunpowder or other explosive substances 1 or prohibited
weapons 2 or cartridges for them, or imports into the Ottoman
territories from foreign territories gunpowder or other ex-
plosive substances 1 or prohibited weapons 2 or cartridges
for them, or becomes a medium for this sort of smuggling,
or transports 3 or imports 4 from one place to another place
within the Ottoman territories smuggled gunpowder or
other explosive substances 1 or prohibited weapons 2 or car-
tridges for them is, in addition to the confiscation of such, put
in prison for from two months to two years and a fine of
from five Liras 5 to fifty Liras is taken. Those who, without
permission, carry or sell such prohibited cartridges, weapons 2
gunpowder or explosive substances 1 are also punished with
imprisonment for from one month to six months and by
taking a fine of from one Lira to ten Liras. For the purposes
of 6 the Penal Code " prohibited weapons " mean generally
State or military weapons 2 and revolvers of which the barrels
are more than 7 fifteen centimetres. 8

To this addendum the following notes may be added : —

• *' explosivo substances " lit. " ignoous chemicals."
> *' weapons " or " arms"

8 M transports " or " carries."
4 "imports" or "introduces."
« "Lira "=18*.

• *' for tho purposes of," more literally " in the light of."

• " are moro than " lit. " exceed " ; it means " longer than."

6 This addendum to Art. 166 waa put into force only temporarily being superseded
almost immediately by tho subsequent addendum.

OTTOMAN PENAL CODE. 123

Art. 166 was the subject of a fourth addendum dated
6 Jemazi'ul-Akhir, 1329 (4 June, 1911), the text of which
is as follows : —

Whoever, without obtaining permission from the depart-
ment concerned, manufactures within the Ottoman terri-
tories gunpowder or other explosive substances 1 or prohibited
weapons 2 or cartridges for them or imports into the Ottoman
territories from foreign territories gunpowder or other ex-
plosive substances 1 or prohibited weapons 2 or cartridges for
them, or becomes a medium for this sort of smuggling, or
transports 3 or imports 4 from one place to another place
within the Ottoman territories smuggled gunpowder or other
explosive substances 1 or prohibited weapons 2 or cartridges
for them is, in addition to the confiscation of such, put in
prison for from two months to two years, and a fine of from
five Mejidieh gold pieces 5 to fifty Mejidieh gold pieces is
taken. Those who, without permission, carry or sell such
prohibited cartridges, weapons, 2 gunpowder or explosive
substances 1 are also punished with imprisonment for from
one month to six months and by taking a fine of from one
Mejidieh gold piece to ten Mejidieh gold pieces. For the
purposes of 6 the Penal Code " prohibited weapons " mean
generally State or military weapons 2 and revolvers of which
the barrels are more than fifteen centimetres. 7

To this addendum may be added the following notes : — ■

Notes 1, 2, 3, 4, 6 in the third addendum dated 19 Shaban, 1328 (21 November, 1910),
to Art. 166 apply to this addendum as shown by corresponding numbers.

6 " Mejidieh gold piece' 1 —Lira-— 18a.

» This addendum to Art. 166 dated 6 Jemazi'ul-Akhir, 1329(4 .Tune, 1911), super-
sedes tho first three addenda givon above. Tho text is given in Karakoch Sarkis, p. 08.

Abt. 167. *■ — The person using 2 compulsion or constraint 3
on an individual for burning 4 any kind of buildings, emval 5
or emlak* is punished with the punishment of kyurek. 7

Art. 1*>7 Notfs. — ' The translation of this Article in Walpole in, owing to the
French of Arisiarchi Boy, wrong and misleading ; but Nicolaidoa and Youn^ give
it correctly. Aristarclii Bey's French rendering runs : — " Coliu qui aura employe
la force ou la violence a mettra le feu a des Edifices, propriety immobilieres ou mobi-
lieres de touto cspccc, sera puni dc la poine des travaux forces."

* " using " lit. " doing/ 1

* *" constraint * or " force : the word in the Turkish text is " ikrah a technical
word defined in tho Me j olio in Art. 948 as '* without right, to compol a person to do
a thing without his consent by fear " (vide Tyser, Demetriades and Haqqi's Mejelle,
p. 138).

4 ** burning " or " setting fire to." The passage means '* anyone who forces another
to set tiro to."

• "emval"; {vide note 5 to Art. 27).

• " pi link- " ; [vide note 6 to Art. 27).

7 " kyurok M ; tho Article does not stato for what poriod !

CHAPTER SECOND.

JlWATETS AXD JUNIIAS AGAINST PEKSOXS AND THE
rL r NISH3IENT8 IMtOVlDKJD TnJiJIKFOR.

PART I.

Relates to killing, 1 wounding, beating 2 and
threatening.

Part I Notes. — * " killing," The word in the Turkish text is " qati," which is
literally translated, "assassinating," "slaughtering," "slaying," "putting to death,"
and hence "homicide.'' Nicolaidcs uses " avSponroKToriti " ; the French rendering
is " homicide " ; Walpole uses " homicide."

* " beating." The word in tho Turkish text is " riarh " which is, literally translated,
" beating," "striking," " battering." Nicoloidoa usee " ittpi aUiatw^ " ; the French
rendering is " coups " ; Walpole uses " assault and battery."

Art. 168. l — Killing* is to put a person to death 3 either
with a weapon or by poisoning or in other ways.

Art. 168 Notks. — * In this and some of tho following Articles tho Ottoman Code
breaks away very materially from tho l?reiich model. The French Code Penal starts
by defining " meurtre " thus.

Art. 105. " L'homicido commie volonloiromont est qualifice meurtro." It then
proceeds to define "assassinat" as "meurtre avec premeditation on guet-apens "
(Art. 296) ; then it defines " premeditation " (Art. 297) and " guet-apens " (Art.
298); "parricido" (Art. 299); M infanticido " (Art. 300) and "poisoning" (Art.
301). The Ottoman Code is less elaborate and refined : it merely defines as above in
Art. 168 *' killing " and then in Art. 168 defines what must tor want of hotter words
bo translated as " premeditated killing."

The two Codes after these divergences re-join each other in substance in Art 302
(French) and Art. 170 (Ottoman).

a " killing " vide note 1 to Part I.

8 " to put a person to death " lit. " to annihilate a person."

Art. 169. l — To kill 2 premeditatedly 3 is for a person to
have conceived and ''resolved upon in his mind the act of
killing 4 before committing 5 it.

Art. 160 Notes. — ! Tho following Articles of tho French Code Penal may be hero
conveniently quoted : — Art. 296. " Tout meurtre commis avec premeditation on
do guet-apens est quahtie assfi-ssinat."

Art. 297. " La prcm6ditation eonsistc dans lc dessein forme, avant Taction,
d'Attantar a la per-sonne d'un individu determine, on ineuie do celui qui sera tronv©
ou rencontre, quand memo ce dessein serait dependant de quelque oireonstanee ou
quelo,ue condition."

Art. 298. " Le guet-apens consiste a afcfcendre plus oo moins de temps, dans un
ou divers lieux, un individu soit pour lui dormer la mort, soit pour exercer eur lui dca
actes de violence."

It may be here observed that "guet-apens" cannot he present without " preme.
ditation " : the former being the larger term (Couxe de Cassation, 4 Juin, 1812 ; 4 Mara,

OTTOMAN PENAL CODE. 125

1847) though, of course "premeditation" can exist without " guet-apens " (Cours
do Cassation, 7 Germ. An VII; 3 Juill, 1845; 8 October, 1352).

8 " to kill*' vide note 1 to Part T.

a " premeditatedly." It is perhaps not of extreme importance what exact word
is used hero both in this and subsequent Articles inasmuch as what is meant is defined
with clarity in this Article itself. The word in tho Turkish text is the Arabic " ta'-
ammuden " an adverb derived from " amd," meaning " purpose," " deliberate
intention. 11 Nicolaidea translates tlie word " U 7rpo/if\lTjjt; and the Preach
rendering is " avec premeditation." Whatever word is used, the sense is explained
by its definition and " promeditatcdly " or " with premeditation " is usod throughout
tho present work whorevcr the Turkish tost runs as indicated in this no'e.

* " killing " vide note 1 to Part I.

6 " committing " lit. " causing " or " bringing about."

Art. 170. x — Tf a person's being a killer 2 with premedita-
tion 3 is proved according to law 4 sentence for his being put
to death is passed according to law. 5

Akt. 170 Notes. — J Hero may conveniently bo quoted the following two Articles
of tho French Cede Penal :—

Art. 290. " Tout mcurtro commie avee premeditation ou guet-apens est oualifio
assassin at."

Art. 302. " Tout coupahle d'assasslnat, de parricide, (defined in Art. 299), d'infan-
tieide (defined in Art. 300) et d'empoisonnement (defined in Art. 301) sera puni do
mort. sans prejudice de la disposition particuliere uonlenue en 1'article 13 (tho details
of the mode of execution of a parricide) relativement an pnrrieirie."

2 "killer" vide note 1 to Part I.

3 " with premeditation." For the meaning of this word as defined in the Ottoman
Code vide note 3 to Art. 169. The note to this Art. (170) in the Cyprus Appendix
may be also consulted with advantage us to tho ambit of tho Article and its application
to concrete cases. It may, however, be hero pointed out that it is a question of fact
in every case whether or not a homicide, is premeditated ; sometimes as in a case
in which a man lies in wait for mid shoots another and in many cases of poisoning
tho circumstances surrounding the homicide justify the conclusion of premedita-
tion without difficulty ; sometimes as in cases in which in a fit of hasty tomper
or a tavern brawl a man is killed a conclusion of premeditation is similarly
without difficulty not justifiable; the difficulties lio in the cases falling between the
well defined extremes. But much French commentary exists in the mode of ascertain-
ment as to whether premeditation is present or not and it is gonorally agreed that
it must be clear, in order to find premeditation, that the offender must have had time
within which to resolve upon, to reflect upon and finally to execute the intention ;
this period is not accurately measurable in tune but must be considered and determined
from all the circumstances attendant upon tho facts o? the case.

* is proved according to law " lit. " proves true according to law," i.e., is locally
proved.

8 " according to law " ; as in note 4 : in both passages it moans the Civil Law
aa distinguished from the Sher' .Law.

Art. 170 was amended and re-issued on 6 Jemazi'ul-Akhir,
1329 (4 June, 1911). The text is as follows:—

The person who premeditatedly kills an individual or
wilfully kills one of his ancestors of either sex 1 even. though
without premeditation is put to death.

To which tho following note may be here appended : —

1 "ancestors of either sox ;> lit. "fathers or grandfathers or mothers or grand-
mothers."

126 OTTOMAN PENAL CODE.

Art. 171- 1 — Whereas the effect 2 of the law 3 cannot defeat 4
the personal rights, 5 if the person killed has heirs the claim 6
for personal rights 5 is referred 7 to the Sher' Court at their 8
instance.

Art. 171 Notes. — *■ Nicolaidcs, Ott. Cod., pp. 2476, 2477, quotes in full as a note
to Art. 170 a memorandum issued by the Mejello Board and authorized by Imperial.
Irade dated 3 Ramazan, 1293 (21 September, 1876), which should roally bo annoxod
to Art. 171. It deals with the casoa in which " diyet " ia payable by the inhabitants
of a quarter in which a killed person, whose slayer is unknown, is found.

2 " effect " or "authority*'; also "sentence," " judgment," " decree."

3 " the law.'* It means the Civil Law as distinguished from the Sher' Law.

* "defeat" lit. "throw down" or "cast oufc " ; also "nullify,*' "frustrate."

* " personal rights." This phrase refers of course to rights under tho Sher' Law
for an explanation of winch vide Art. 1.

e " claim " or " action."

7 " referred " or " committed."

* " their," i.<., of the heirs.

Art. 172. — The killer 1 pardoned from the punishment of
Qisas 2 or death is put to kyurek in perpetuity or temporarily
for not less than fifteen years.

Art. 172 NOTBS. — * " killer " vide note 1 to Part T.

1 "pardoned from the punishment of Qisas or death." For explanation of Qisas,
the lex talionis inflicted under sentence of the Sher 1 Court, vide note 5 to Art. 1.

The, heirs might refrain from pressing their demand before the Sher* Court for Qisas
either claiming Diyet (i.e., compensation) in lieu of the death of the malefactor or
simply withdrawing all claims against him.

For explanation of Diyet vide also note 5 to Art. 1. It may be here also observed
that the provision of punishment for persons who thus escaped the death penalty
of Qisas was no novel feature in Ottoman Law tho idea having appeared in the Addi-
tional Articles promulgated 21 Rainaznn. 1200 which supplemented the short Decree
of 1 Rebi'ul-Akhir, 1256, constituting the first attempt at reform of the Criminal Law
after the promulgation of the Khatt-i-Shorif {vide Introduction). In these Additional
Articles it was prescribed that a murderer against whom the heirs of the victim claimed
not Qisas but Diyet should nevertheless suffer seven years kyurek whilst, if escaping
a claim for both Qisas or Diyet owing to the victim being without heirs or bv reason
of the renunciation by the heirs of any claim, the murderer would suitor fifteen years
kyurek, though, if a person who had previously committed homicide, he would be
executed in any case : if the existence of heirs of the victim woe uncertain the
malefactor remained in prison until either the heirs appeared or fifteen years had
expired.

The above, of course, was superseded by the present Article (170) under which the
criminal would, if sentenced to death by a Nizam Court (whether or not tho heirs,
having disclaimed Qisas, demanded Diyet). be, if his life was spared by the Sultan,
placed in kyurek for at least fifteen years. It must not, however, be forgotten that
the power of the Sher 1 Court to inflict in cases of homicide the penalty of death by
way of Qisas was limited not only by numerous formalities of procedure (vide Tntro-
duction) but to cases in which a person had intentionally killed another with a mur-
derous weapon ; whilst the power of the Nizam Courts in cases of homicide is similarly
restricted "under the renal Code to cases falling within Arte. 170 and 174 and their
practically ancillary Articles such as Arts. 181 and 184.

Tho possibilities of conflict between thra sentences of the Nizam and Sher* Courts
has already been to some extent dealt with in the Introduction and in note 5 bo
Art. 1.

OTTOMAN PENAL CODE. 127

If a Nizam Court sentenced a murderer to death the murderer would be executed
even if the heirs of the victim obtained an award of Diyet from tho Shor' Court
unless, as is usually the case, the criminal's sentence was under such circumstances
commuted by the Sultan.

If a Nizam Court sentenced a murderer to a penalty less than death but tho Shor'
Court at tho instance of tho heira ordered the death penalty to bo carried out by way
of Qisas tho sentence would be carried out unless, as sometimes occurred, tho Sultan
issued on Jrade 1 (decree) ordering the heirs to renounce their Qisas right and take Divot.

The phrase in Art, 172 : " The pardon from the punishment of . . . death "
refers, as has no doubt been gathered already, to a pardon or commutation by tho
Sultan of a sentence of death passed by a Nizam Court thus distinguishing it from tho
pardon from the punishment of Qisas {vide noto 3 to Art. 47).

Art. 173. 1 — If a person, being a man of habitual Jinayet
or ruffianism, 2 tortures or atrociously 3 torments other persons 4
in order that he may 5 commit a great Jinayet 6 he is, if it
becomes verified and manifest 7 that he is an old offender, 8
administratively sentenced to the punishment for 9 killers. 10

Akt. 173 Notes. — * Compare Art 303 of the French Code Penal. " Seront punis
comme eoupables d'assasflinat {vide Art. 296 in note 1 to Art. J 69 and Art. 90S in note
1 to Art. 170) tous malfai tours quollo que soit leur denomination, qui, pour l*cxccution
do leurs crimes, emploiont des tortures ou coinmettciit des uctes du barbaric"

* *' a man of habitual Jinayot or ruffianism,'* i.e., " an habitual perpetrator of
Jinayots or ruffianism." NieOlaidee translates '* t> -rrportpov p'tv woWaKit; KaKWpytjao^ "
the French rendering is " malfaiteurs do profession." For " habitual " and
" ruffianism " vide notes 10 and 8 in addendum to Art. 62.

3 " atrociously " lit. " in a very excessively cruel manner."

* " persons " ; it is intended to cover the singular number : it is singular, in the
Greek and French translations though plural in tho Turkish test.

6 " in order that he may " lit. ** in order to." It means " in order that tho torturer
may " ; not " in order that the tortured persons may."

" a groat. Jinayet." Nicolaides translates the passage '* -rpitc itri~\taiv pty&Xov
KOKovf>yijfiuro\; *' ; the French rendering is "~ pour l'execution d'un grand crime."

' "manifest" or "plain," "clear."

• "an old offender" {vide note 9 in addendum to Art. 62); lit. " a man of (bad)
antecedents " which means of course of the bad antecedents referred to earlier in the
Article {vide note 2). Nicolaides translates tho passage " ay az-uSttxOy on txtt Toiavra
Kaica irpoij-yovfttva,'* and the French rendering is " les malfaiteurs de profession,
reconnus comme tels par bur antecedents."

• " administratively sentenced to tho punishment for " ; this moans that although
tho Offence mentioned in the Article is not iu itst'lf pimishablu with any of the punish-
ments prescribed for homicide, yet, in view of the very serious nature of tho otTenco,
it is hud down that such offenders should bo punished with the punishments prescribed
for homicide. " Administratively " means, here, "as an administrative expedient,"
subject to a special Trad6 of the Sultan, no doubt.

"« " killers " vide note 2 to Art. 169.

Art. 174. 1 — If a person has killed 2 an individual without
premeditation 3 he is placed in kyurek for a period of fifteen
years ; but if this matter of destruction of life 4 has taken
place while committing another Jinayet either before the
commission or after the commission, 5 or 6 for the sake of 7
committing a Junha, the person destroying 8 life is punished
with the punishment of death according to law. 9

128 OTTOMAN PENAL CODE.

Art, 174 Notes. — * Compare Art. 304 of the French Code P£naL " Le meurtro
emportera la peino de rnort lorsqu'il aura precede, accompagne ou suivi un autre crime.
Le mcurtre emportcra 6gaIomcnt la peine do mort, lorsqu'il aura cu pour objet, soit
de preparer, faoiliter ou executer un d£lit, soit de favoriser la fuite ou d" assurer I'im-
punite des autres ou eomplieen de oe delit.

" En tout autre cas, lo coupable de meurtre sera puni des travaux forces a
perpetulte." (I.oi, 28 Avril, 1832.)

1 " kilted " literally, here, " destroyed." t'.e, destroyed the life of.

■ '* without premeditation " vide note 3 to Art. 169.

* " destruction of life " lit. " destruction of person " (vide note 8).

■ " commission," i.e.. " commission thereof."

* " or " ; tho words " if this matter of destruction of life has taken place " must
be read in here.

1 "for the Puke of" or " for tho purpose of."

* " destroying," i.e., " so destroying." The word in tho Turkish text is kS itlof."
9 " according to law " (vide note 4 to Art. 170).

Art. 174 was amended and re-issued on 6 Jemazi'ul-Akbir,
1329 (4 June, 1911). The text of the amended Article is
as follows : —

If a person kills an individual wilfully 1 without premedita-
tion he is put in kyurek fo? a period of fifteen years. But
if this act of destruction of life 2 has been committed, firstly : —
against one of the members of the National Council 1 or 4
8tate officials while in the state of performing duty or in
consequence of the duty performed by them : secondly : —
if it has been committed by carrying out torment or torture
or if it has taken place against more than one person ; the
perpetrator thereof is put in kyurek perpetually.

The perpetrator of an act of killing committed for pre-
paring or facilitating or carrying out an offence 5 or for
securing 6 the flight or the avoidance from punishment 7 of
tho principal or secondary perpetrator 8 of the said act
is put to death. If, by the effect of beating 9 committed
spontaneously unaccompanied by 10 an intention 11 to kill or
by wounding effected 12 by instruments which do not 13 cause
destruction of life, 2 the beaten 9 or wounded person dies,
the perpetrator of it is put in kyurek temporarily for not
less than five years. 14

To the above amended Article the following notes may ha hero added :—
1 M wilfully " : the word " but " should he road in aftor this word.
a "life" lit. " person."

a " National Council," i.e., tho Turkish Parliament.
4 " or " : horo road in " ono of tho."

B " offence " : the word in the Turkish faxi is " Jurm," which would cover Jinayet,
Junha or Qabahat.

* " securing " or " assuring."

7 " avoidance from punishment " lit. " remaining without punishment."

• "secondary perpetrator" i.e., "accessory."

OTTOMAN PENAL CODE. 129

9 " beating " {vide note 2 to Part I).

10 "unaccompanied by " lit. "without being adjoined to."

11 "intention" or "design."

" "by wounding offooted" lit. "of wounding fcakon place"
19 " do not," i.e., do not in themselves.

14 It will be observed that the amendment of 27 Rehi'ul-Akhir, 1292, to Art. 177
is ropoflled by tho latter port of this Article.

Art. 175, 1 — The person who is an auxiliary 2 to a killer 3
is put in kyurek temporarily. 4

Art. 175 Notes.— 1 New Art. 45 issued on 6 Jema-zi'uI-Akhir, 1329 (4 Juno, 1911),
repeals this Article

* "auxiliary" lit. "assistant." Nicolaides gives " h awtpytjcai; (/Soiftfoc) " : the
French rendering is " qui a aide.*'

* " killer " vide note 1 to Part I.

4 This Article is one of the exceptions to the Rule laid down in Art. 45 that an accom-
plice in a felony is liable to tho some punishment as tho principal.

A new Art. 175 was enacted on 6 Jemazi'ul-Akhir, 1329
(4 June, 1911), the text of which is as follows : —

If death 1 has come about by the concomitance 2 of pro-
existent causes 3 unknown to the perpetrator 4 or by the
supervention of a cause altogether independent of the act 5
the punishment of kyurek is awarded for not less than fifteen
years in cases calling for the punishment of death, 6 or for
not less than ten years in cases calling for perpetual or fifteen
years' kyurek.

To the above Article the following notes may be added : —
1 " death," lit. " destruction of person."

* "concomitance," lit. "accompaniment" or "association."

9 lfc pre-existent causes," e.g., a diseased state of the victim before receiving the
wound.

* " perpetrator," i.e., the assailant.

* " a causo altogether independent of tho act," e.g., some mishap or morbid affec-
tion of the body subsequent to and independent of the wound received but for which
mishap or affection the wound would have been curable under ordinary circumstances.
"Independent of," lit. "separate (or 'apart') from." "Act," i.e. fcho act of
wounding.

8 " punishment of death," lit, " putting to death."

Art. 176.*— He 2 who conceals the body of a killed person 3
and he who buries it without notifying to the Government
or without an inquest on it 4 is imprisoned for from one month
to one year and a fine of from one Mejidieh gold piece to
five Mejidieh gold pieces is taken ; but if there is participation
on the part of such person in the affair 5 of the killing 6 the
punishment which he shall suffer 7 therefor is carried out 8
separately. 9

L

130 OTTOMAN PENAL CODE.

Art. 176 Notrs. — 1 Compare Art. 359 of the French Code P6nal. " Quiconque
aura roeole ou cache lo cadavre d*une peraonne homicide© ou morfco dog suitos de coupe
ou blossurcs, sera puni d'un emprisounement do six mi'- a deux ana, ot d'une amende
de cingiianto francs a quatre cent franca : sang prejudice do punia plus graves, s'il
a participe au crime.*' The preceding Article in the French Code (Art. 358) makes
the unauthorized burial of any corpse a serious offence.

* " he " lit. " the person."

• " of a fcillod person " lit. " of fcho killed " simply : for " killed n vide note 1 to
Part I.

« "on it" or "of it."

6 "affair" or "matter."

• M killing " ; vide noto 1 to Part I.

7 " suffer " or " undergo."

• " carried out " or " inflicted."

• " separately," «.«., " in addition." Nicolaidea translates " tStair&pucS' It is para-
phrased in the French rendering.

Art. 177. 1 — If a person cuts off 2 or renders useless 3 a
member 4 of an individual 5 by wounding or beating 6 him
he is put to kyurek for a period of three years together with 7
the recovery from him of 8 the surgical expenses and the
Diyet 10 to be awarded therefor ; and if it becomes clear 11
that he has committed this Jinayet by previously conceiving
and resolving upon zt the punishment of kyurek is extended
to as much as ten years. 1

Art. 177 Notes. — x There was nothing in the French Code Penal corresponding
to Art. 177 of the Ottoman Code at the date when the latter was published but in
1863 an amendment was made in Art. 309 of the former which with Art. 310 (also
amended at the same date) roughly approximated to the above Art. 177 (vide
note 1 to Art. 178).

1 " euta off " lit. " cute " : it might also be translated " fractures."

* "renders useless " lit. "suspends (from action or from use)," i.e., disablement
or cessation from work.

4 "a member," i.*,, a member of the body or "limb." For what is meant by a
"member" or "limb* vide noto 10 below and note 6 to Art. 1.

* " individual " or " person."

* " beating " ; vide note 2 to Part J.

' " together with n or " in addition to."

• m the recovery from him of " lit. " tho receiving payment of." The phrasing
in tho Turkish text is awkward but the sense is clear.

* " surgical " ; tliis is literal, but it is probably intended to include medical and
hospital exppnses.

10 " Diyet " ; for on explanation and on account of the different amounts of Diyet
payable in respect of tho loss of the different parts of the body (vide note 5 to
Art. I).

11 " if it becomes clear," i.e., " if it is proved." Itcahad the commentator states
that the parts of the body which are recognized as capable of being the subject of
compensation under this Article are ; hand, fore-arm, upper-arm, noeo, ear, eye, tooth,
tongue, penis, glans penis, lip, eyelids, fingers and toes, and, in the case of females,
the teats : and also that "Diyet is payable for injury involving completely rendering
useless tho hand or foot. It should bo obsorved that whilo any Diyot is only awarded
by the Sher' Court the surgical expenses referred lo in note 9 above are awarded to
the victim by the Nizam Court simultaneously with the penalty of kyurek.

11 " as much as ten yoars," i.e., to a period not exceeding ten years.

OTTOMAN PENAL CODE. 131

Art. 177 was amplified by an addendum dated 27 Rebi'ul-
Akhir, 1292 (2 Juno, 1875), which addendum was subse-
quently abrogated by the second paragraph of new Art. 174
(of 6 Jemazi'ul-Akhir, 1329=4 Juno, 1911). The following
is the text of the abrogated addendum : —

If 1 the beaten 2 person dios from the effects of beating not
committed 3 with intent to kill 4 the perpetrator is put to
kyurek temporarily for not less than five years. 5

To thia addendum the following notos may bo added : —

1 The text of this addendum may be* found in Deslur, III, p. 158 ; Nicolaides, Ott.
Cod., p. 1478 ; Aristarchi T5ey, V, p. 72 ; Young, Corps d© Droit, Ott., VII, p. 35.
Ono may compare tho second part of Art. 309 of tho Fronch Codo P6nal which in tho
Law of 28 Avril, 1832, ran ; — " Si lea coups portes ou los blessuroa Jfaites volou-
tairement, mais sans intention de donner la mort, l'ont pourtant occasion6e, lo coupable
eera puni do la poino doa travaux forcos a temps." And it is now still prosont in Art.
309 as modified as indicated in note 1 to Art. 177 thus now corresponding more closoly
in effect to the above addendum which no doubt owes its introduction into the Ottoman
Codo to the Fronch paragraph quoted.

* " beaten " vide note 2 to Part I.

3 " committed," i.e., " inflicted."

* " with intent to kill " : tho phrase literally runs " from the effects of boating
committed without it (i.e., the heating) being with intent to kill."

* It will be observed that this addendum is now ropoalod and replaced by tho last
part of the now Art. 174 dated G Jemazi'ul-Akhir, 1329.

Art. 177 was repealed and a new Article issued on 6 Jemazi'
ul-Akhir, 1329 (4 June, 1911). The text of the new Article
is as follows: —

The person intentionally 1 daring to beat or wound or to
do 2 some other effective 3 act so as to 4 result in the cutting
off or breaking or ceasing 5 from action of a member or in
some other permanent infirmity is put in kyurek temporarily
in addition to the recovery 7 of the surgical expenses thereof.
If the said acts have been committed premeditatcdly the
punishment of kyurek cannot be less than six years.

To the above new Article tho following notes may here be added : —
1 " intentionally " or " deliberately."

* "do " : the word is inserted in the translation for clarity.

* "effective" or " efficacious"

4 " so as to " lit. " in a manner to."

* "ceasing" lit. "falling."

* "member" or "limb.'*

7 " in addition to tho recovery " : " recovery," i.e., from tho culprit : tho phrase
runs literally "together with the receiving payment."

Art. 178. 1 — If a person wounds or beats 2 an individual
so as to be the cause of his being unable to work 3 or of his
falling sick 4 for more than twenty days 5 he is imprisoned
for from two months to two years and the 6 surgical 7 expenses
as also the equivalent of the profit 8 or wages which the

L2

132 OTTOMAN PENAL CODE.

wounded or beaten person would have earned in his state
of good health are taken from him 9 and given to the wounded
or beaten person, and if it becomes manifest 10 that he 11
has done this by conceiving and resolving upon it beforehand
the period of his imprisonment is extended to from three
months to three years. 12

Art. 178 Nona. — 'Compare Arts. 309 and 310 of the French Code Penal : —

Art. 309. * Sora puni do la r6clusion, tout individu qui volontairoment, aura fait
des blessures on porte des coups, s'il est result© do cos sortes de violences uno maladio
ou incapacity do travail personnel pendant plus de vnu»t jours. Si les coups portes
ou les blossuros faites volontairomont, mais sans intention do donnor la mort, Font
pour tan t occasiunee, le coupablo sera puni de la peine des travaux forcos \ temps.' 1
(Loi, 28 Avril, 1832.)

Art. 310. " Lorsqu'il y aura eu premeditation ou guet-apens, la peino sera, si la
mort s'en est suivie, cello des travaux forces & perpetuite, si la mort ne s'eo est pas
auivie cello des travaux forces a temps." (Memo loi.)

Those two Articles of the French Codo wero modifiod on May 13th, 1863, and in
Art. 309 was introduced a paragraph somewhat similar to Art. 177 of the Ottoman
Code.

So that in the French Arts. 309 and 310 as amended in 1863 can be found tho counter-
part of Art. 177, the addendum to Art. 177 and Art. 178 of the Ottoman Codo. Tho
sequence of the Articles would appear to be as follows : —

1. Art. 309, French, 28 Avril, 1832 (vide above).

2. Art. 310, French, 28 Avril, 1832 (vide above).

3. Art. 177, Ottoman, 9 August, 1858 (no counterpart in French Code).

4. Art. 178, Ottoman, 9 August, 1858 (corresponding to the first part of Art.
309 and to Art. 310 of the French Code).

fi". Amendment of Art. 309, French, 13 May, 1863 (part of the amendment corres-
ponds to the first part of Art. 177 of tho Ottoman Code).

6. Amendment of Art. 310, French, 13 May, 1803 (the amendment is not material
but Art. 310 applies to all of Art. 309).

7. Addendum to Art. 177 of the Ottoman Code, 2nd June, 1875 (corresponds to
the principal amondmont of Art. 309 of tho French Code).

There is it is true another amendment in Arts. 309 and 310 of importance which is
not material in this connection but apart from that the only difference between the
French Arts. 309 and 310 and the Ottoman Art. 177, addition to Art. 177 and Art.
178 is that in each of the two Ottoman Articles Art. 310 of tho French is separately
incorporated whilst the latter part of Art. 309 is contained in the Ottoman
addendum.

1 " beats " vide note 2 to Part I.

I "unable to work" lit. "to remain (back) from his work."
1 "his falling sick" lit. "his bocoming ill."

s "more than twenty days": this qualifies both inability to work and
illness.

• " tho " lit. " his," i.e. t of the victim.

7 "surgical" : as in note 9 to Art. 177.

8 "profit" : it means "profit from trade."

• " him," t.e., the offender.

10 " if it becomes manifest," i.e.* " if it is proved."

11 "he," i.e., "the offender."

II " tho period of his imprisonment ia oxtondod to from throo months to three years " ;
this is literal. It means that the punishment is a minimum of three months and a
maximum of three years. The possessive suffix in the Turkish text meaning " his "
is probably a misprint in the Dostur as it does not appear in other Turkish texts of
the Code.

OTTOMAN PENAL CODE. 133

Art. 178 was repealed and a new Article issued on 6 Jemazi'
ul-Akhir, 1329 (4 June, 1911). The text of the nw Article
is as follows : —

If a person wounds or beats an individual or commits
an effective 1 act so as to be the cause of his being unable
to work or of his falling sink for more than twenty days
he is imprisoned for from three months to two years, and
the surgical expenses, as also the equivalent of the profit 2
or wages which the wounded person would have earned in
his state of good health, are taken from him 3 and given to
the wounded or beaten person, and if it becomes manifest 4
that he has done this by conceiving and resolving upon it
beforehand the period of imprisonment cannot be less than
one year. < -

To the now Article may bo added the following notes : —
1 " effective " or " efficacious."

1 "profit" «3 in noto 8 to the original Art. 178.

* " him," i.e., tho offender.

* "manifest," i.e., proved.

Art. 179. l — If the wounding or beating 2 is of a lighter
degree than that mentioned in the preceding Article the person
who is the wounder or beater is imprisoned for from one
week to one year or as a substitute for this money from one
Mejidich gold piece to five Mejidieh gold pieces is taken 3
and given to the wounded or beaten person or both of these
modes 4 are carried out together, and if it becomes manifest*
that ho has done this by conceiving and resolving upon it
beforehand the period of his imprisonment is extended to
from one month to two years besides 7 the taking and giving
of money to the amount mentioned.

Art. 170 Notus. — - 1 Compare Art. 311 of tho French Code Pinal j— u Lorsque
les blossures ou les coups n'auront occasion*? aucune maladie ou incapacity de travail
personnel de l'espece mention nt^o en PArt. 309 {vide note 1 to Art. 178) le conpable
sora puni d'un omprisonnomont do six jours a doux ana, ot d'une amende do seize
francs a doux cento francs, ou do Pum- do <:>■>. deux peinos seulement. S'il y a eu pre-
meditation ou gnet-apona, rempriHomiement sora de deux ana a cinq ans, et l'amende
do cinquanto francs a cinq cents franca." (Lei, 28 Avril, 1832.) This Articlo of the
French Code was subsequently modified in 1863.

2 " boating M vide noto 2 to Part I.

a " taken," i.e., " from tho oilondor."

* "modes," i.e., modes of punishment : it rneaus both of tho punishments mentioned.

5 "if it becomes manifest"; as in note 10 to Art. 178.

6 " tho period of his imprisonment is extended to from one month to two years *'
vide note 12 to Art. 178 which here upplios mutatis mutandis.

7 " Itesidos " ; it means in addition to.

Art. 179 was amended by an addendum dated 3 Jemazi'
ul-Akhir, 1277 (17 December, 1860), of which the text is
as follows : —

134 OTTOMAN PENAL CODE.

The 1 person too who draws 2 a weapon 3 on one 4 not with
intent to kill but merely for intimidation 5 is imprisoned
for from one week to six months. 6

To this addendum may be added the following notes : —

1 The French Code Penal introduced in Arts. 309 and 310 (as they appeared in that
Code after amendment by the Law of 28 April, 1832 {vide nolo 1 to Art. 178). and
in Art. 311 {vide note 1 to Art. 179) an amendment in 1863 including as offencea under
those Articles tho commission of " autre violence ou voio de fait " which was intended
to cover, according to various decisions of tho Cour de Cassation (G December, 1872 ;
1 May, 1S97) " les actes commis mechamment en vers uno personne pour lui causer
uno Amotion violent ot, notamraont, Taction do tiror, pour I'ofTrayor, an coup do fou,
dirige de telle sort que la charge, sans V atteindre passe pros d'elle."

a " draws " ; the passage runs literally " draws a weapon to onA," i.e., " on somo-
ono." Nicolaides translates "o trvpwi " : the French rendering is "fait usage."

* " weapon " or plural " weapons M ; and vide note 3 to Art. 48.

* " on one " lit. " to one/' i.e., on some one.

& " intimidation, " or H frightening " also " threatening."

* 3t will be observed that this addendum is repealed *"id substantially re-enacted
in the new Art. 179 dated 6 Jomazi'ul-Akhir, 1329, quoted below.

Art. 179 was repealed and a new Article issued on 6 Jemazi*
ul-Akhir, 1329 (4 June, 1911). The text of the amended
Article is as follows : —

If the wounding or beating is of a lighter degree than that
mentioned in the preceding Article the person who is the
woundcr or beater is imprisoned for from one week to one
year and is sentenced to a fine of from one Lira 1 to ten Liras,
or only one of these punishments is awarded : and if it
becomes manifest that he has done this by conceiving and
resolving upon it beforehand the period of imprisonment is
extended to from one month to two years. 2 The person too
who draws a weapon on one not with intent to kill but merely
for intimidation is imprisoned for from one week to six
months.

Those who beat or wound one of their ancestors of either
sex 3 are punished in manner following 4 :

If the beating or wounding has not been the cause of any
accident or ailment 5 the beater or wounder is imprisoned
for from fifteen days to two years, or for not less than four
months if it 6 has been the cause of the sickness mentioned
in Art. 178. 7 If the beating or wounding has been the cause
of the circumstances 8 mentioned in Art. 177° the perpetrator
is put in kyurek for not less than five years or, if the
act has been committed by conceiving and resolving upon
it, for not less than ten years, or if the beaten or wounded
person dies from the effects of the beating, or of the wounding
taken place by instruments which do not 10 lead to des-
truction of life, likewise for not less than ten years ; or if

OTTOMAN PENAL CODE. 135

the beating, or the wounding taken place by instruments
which do not 10 lead to destruction of life, which has produced
the death of the beaten person, has been committed by
conceiving and resolving upon it, for a period of fifteen
years.

To the above may be added the following notes : —
' "Lira": 18*.

1 lc the period of imprisonment is extended to from one month to two years " ; vide
note 6 to the original Art. 179.

3 *' ono of their ancestors of either sox " lit. " one of thoir fathers or grandfathers
or ol their mothers or grandmothers."

4 " in manner following " lit. ll as bolow."

* M any accident or ailment " lit. ll accidents or ailments of any sort."

* it,*' ».«.» the beating or wounding.

T "mentioned in Art. 178/' i.e., for more than twenty days.
1 "circumstances" lit. "states," "conditions."

* mentioned in Art. 177," i.e., cutting off or breaking or ceasing from action
of a member, or other permanent infirmity."

lf " do not," i.e., do not in themselves.

The new Art. 179 was amplified on the same date
(6 Jemazi'ul-Akhir, 1329—4 June, 1911) by an addendum
the text of which runs : —

If the act stated in this Article has not been the cause
of sickness for more than ten days, the taking of proceedings
depends on the lodging 1 of a complaint. 2 Desistance on
the part of 3 the complainant, even after the lodging 1 of the
complaint, 2 from prosecuting cases 4 for such beating or
wounding arising between kinsmen or relatives precludes 5
the case 4 for general rights, 6

To which may bo added the following notes ; —

1 " lodging " lit. " giving."

1 " complaint " lit. "letter of complaint" or "complaint in writing."

s " on the part of " lit. " of," simply.

* " cases " : in the sense of "action," "legal proceedings."

* "precludes" or "defeats" lit. "drops" or "throws down."
' " general rights," i.e., " compensation by civil process.*'

Art. 180. 1 — If it becomes manifest 2 that the act of wound-
ing or beating 3 was essentially 4 with intent to kill but the
killing 5 had not come into effect by the intervention of
impediments 6 not in the control 7 of the wounder or beater,
the person who is the wounder or beater is in every case
placed in kyurek temporarily, whether the 8 sore or bruise
be severe or slight, 9 after payment of the Diyet 10 or specified
sum of money 11 and of the 8 surgical 12 expenses to be awarded
according to the gravit3' 13 of the wound or beating as stated
in the preceding three Articles has been received. 1 *

136 OTTOMAN PENAL CODE.

Art. 180 Notp?s. — l The system adopted in the French Code Penal is different
from that of the Ottoman Codo so far aa " attempts " aro concerned and will be found
in Arts. 2 and 3.

Art. 2. " Toute tentative de crime qui aura 6te manifestos par un commencement
d* execution, si olle n'a ct6 snspendue ou si eJle n'a manque" son effet, que par des cir.
constancca indopondantcs de la volonto do son autour, est considoreo commo le crime
mftiriB." (Loi. 28 Avril, 1S32.)

Art. 3. " Leg tentatives de df'lits ne sont consid6rees comme delitfl que dans lea
cas determines par uno disposition ap^ciale de loi."

8 " if it becomes manifest " (vide note 10 to Art. 178).

a " beating M {vide note 2 to Part I).

* «' essentially" lit. "in itself/'

* " killiug " lit. " the matter of killing."

* ** impediments " lit. "preventing causes."

I *' in the control " lit. il in the hand of choice."

8 "the" lit. "his," i.e., "of the victim," of course.

* " sovcro or slight" lit. "heavy or light."
" "Diyet" (vide not© 5 to Art. 1).

II " specified sum of money.** Under Art. 177 a rogular Diyet is payable but under
Arts. 178 and 170 compensation on special linos fixed in those Articles. " Specified '*
is, literally, " known."

** "surgical" (vide note 9 to Art. 177).

W "gravity" lit. " dogroe."

11 " received," i.e., by tho victim.

Art. 180 was amended by an addendum dated 3 JemazPul-
Akhir, 1277 (17 December, 1860), of which the text is as
follows : —

Those 1 with regard to whom it has become proved that 2
they have used 3 a weapon 4 positively 5 with intent to kill
but the killing*' had not come into effect by the intervention
of impediments 7 not in their control 8 are likewise placed
in kyurek temporarily.

To this addendum, may bo added the following notes : —

1 In tho French Codo Penal tho system of the Codo relating to attempts is explained
in note 1 to Art. 180.

* " those with regard to whom it has become proved that " lit. " those who it beoomei
certain that,"

* "used" lit. "drawn."

* "a weapon' 1 or "arms."

* "positively "or "solely," "simply."

* "killing" lit. "matter of killing."

' " impodiments " ; as in note 6 to Art. 180.

* " in their control" ; as in note 7 to Art. 180.

Art. 180 was repealed and a new Article was issued on
6 Jemazi'ul-Akhir, 1329 (4 June, 1911). The text of the
amended Article is as follows : —

If in a killing 1 taken place during a quarrel, 2 or in an
injury to a member, 3 or in a death 4 from the effects of
wounding, or in the perpetration of the acts of beating or
wounding, several persons have participated and it has not
been determined who the perpetrator is, the punishment

OTTOMAN PENAL CODE. 137

prescribed by law for, the act in respect of each one of such
persons is awarded by being reduced to from one-third to
one-half ; and in acts 5 rendering necessary the punishments
of death or kyurek in perpetuity, the punishment of kyurek
for not less than ten years is prescribed.

To tho now Article the following notoa may bo appended : —
1 " in a killing," i.e., in the case of a homicide.

* "quarrel" more literally "squabble," "brawl."

8 H an injury to a mombor " lit. "in o (case of) suspension of a member," i.e., the
serious injury contemplated in Art. 177 (vide note 4).

* "in s death," i.e., in the case of death.

* " in acta," i.e., in the case of acts.

Art. 181. * — If the acts of killing, wounding, or beating 2
are committed together with any sort of disorder 3 or pillaging
or plundering 4 of property, besides the punishment to be
suffered 6 by those who have specially 6 dared to do these
acts, 7 those who are the cause, instigators, or authors of
this state of disorder 3 are also punished in exactly the same
way as if they had committed these acts 7 but in the matter
of Qisas 8 the Sher' requirement 9 whatever it may be is carried
out.

Art. 181 Notes. — * Comparo Art. 313 of tho Kronen Codo Ponal : — " Los crimes
et les d61 its prevus dans la present* section (Arts. 309-318) et dans la section prt^c^deute
(Arts. 295-308) s'ite sont oommis en reunion soditieusa, avec rebellion ou pillage, sont
imputable^ aux chefs, autcurs, instigatcurs ou provocatours do cos reunions, rebellions
ou pillages, qui seront puins conuue coupables d'un du ct« crimcH ou do cos dtilits,
et condanm-5s aux monies peines que GOttE qui les anront personcl lenient commig."

Nicolaidcs (Ott. Cod., pp. 2470, 2180) quotes in full as a note to this Article a Vizierial
Order dated 15 August, 1292 (27 August. 1870) as to the payment of Divot to the heirs
of a victim killed : but the note seems inappropriately tacked on to this Artiolo and
has therefore been dealt with under Art. 1 (vide noto 5).

* " beating '* (vide note 2 to Part I).

' " disorder," i.e., disturbance of the public poace, or trouble : also " insurrec-
tion," ll rebellion," " riot.'*

* " pillaging " or " plundering " i Nicolaides well paraphrases tho whole passage :
'* jUfro rtvoQ £tarapa%£tO£ t^c 5t)fiotria<; ^cv\iotQ kui 0irtp7r«y//c.*

* " suffered " or " undorgone."

8 "specially'": this is literal; it means hero "actually," " personally."
7 " thoso acts," i.e., of killing, wounding or beating.

9 " Qisas " (vide note 5 to Art. 1).

* " Sher' reqxiixement " : "for sher* *' {vide note 5 to Art. 1). " Requirement "
hero might bo translated also as " docroo " or ' ordinance.' 1 The effoct of thia proviao
in this Article would be that the " strict " provisions of the Shor' law must be followed
so far as Qisas was concerned.

Art. 182. * — If a person kills 2 an individual by mistake 3
or unintentionally 4 becomes tine cause of the destruction of
his life 5 he is, after satisfaction, upon trial, of the Sher' rights 6
of the person killed, punished with imprisonment for from
six months to two years if this affair of killing has arisen
from carelessness or unobscrvance of the laws. 7

138 OTTOMAN PENAL CODE.

Akt. 182 Notes.— 1 Comparo Art. 319 of fcho French Codo Penal ;— " Qulconque
par maladresse, imprudence, inattention, negligence ou inobservation dos reglements,
aura commis involontairement un homicide, ou en aura involontaireraont ete la cause,
sera puni d'un emprisonnomont do trois mois & deux ana, ot d'urio araondo do cinquante
francs a six cents francs."

What is meant by Art. 182 is that the culprit has to pay " Diy©t " in any case but
if the homicido has been occasioned by tho culprit's non-observance of any law ho
goes to prison in addition.

* "kills" ; as in note 2 to Art. 174.

3 " mistake " or " blunder," " error."

* "unintentionally": it means "without intont to kill."
6 "destruction of his life" (vide note 4 to Art. 174J.

* " Sher* rights," i.e., the Diyet (tnde note 10 to Art. 177).

T ** unobsorvanco of tho laws ." Tho word used here in the Turkish text for " laws "
is "Nizauiat" (pi. of "Niaain") which is usually translated in this work "Regula-
tions " (but vide note 6 to Art. 110). Nicolaides translates the passage " *$ d^eXeiac
!} oXiywpias ffcpl rtif aorvro/jecat ciar«?eic. " ; tho French rendering uses '* reglements."
" XTnobservance " might also be translated "disrespect.*'

Art. 183. 1 — If a person wounds or beats 2 an individual
by mistake 3 or unintentionally 4 becomes the cause of his
being wounded or bruised he 5 is, after satisfaction of his s
surgical 7 expenses and of his 6 Sher' Diyet 8 if he 5 has been the
cause of the cutting 9 off of or rendering useless 10 a member 11
of his, 6 also 12 imprisoned for from one week to two months
if this affair of wounding or beating 2 has arisen from care-
lessness or unobscrvance of the laws. 13

Aut. 183 Notes. — "-Compare Art. 320 of the French Code Penal . — " S'il n'eafc
requite du defaut d*adresse ou de precaution que des blessures ou coups, l'emprisonne-
ment sora do six jours a deux mois, ct I'amonde sora do soiao francs b, conts francs. "
Tliis Article of tho French Cod© Portal was amended later in 18C3.

Here, again, the meaning of Art. 183 is : If tho culprit has accidentally wounded
or beaten u person or unintentionally boon the cause of a person boing wounded or
bruised he has to pay the medical expenses ; if tho injury is of that graver character
contemplated by Art. 177 the culprit has to pay the regular " Diyet " j and in either
case if the injury has been brought about by tho eulprit's carelessness or unobsorvanco
of law the culprit goes to prison as well.

* " beats " {vide note 2 to Part I),

3 "mistake" {vide note 3 to Art. 182).

* " unintentionally " {vide note 4 to Art. 182).

* " he," i.e., the offender.

6 " his," i.e., of tho injurod person.

7 "surgical'* (vide note 9 to Art. 177).

« " Sher' Diyet " [vide note 10 to Art. 177).

8 " cutting " (vide noto 2 to Art. 177).

" " rendering useless " {vide note 3 to Art. 177).

« "member" (vide noto 4 to Art. 177).

11 " also," i.e., in addition to the payment of the surgical expenses or the Diyet.

" " unobscrvance of the laws " {vide note 7 to Art. 182).

Art, 184. 1 — If a person kills 2 an individual by command
of an authoritative superior 3 tlic punishment for a killer is
carried out with regard to such superior.

OTTOMAN PENAL CODE. 139

Authoritative superior 3 means a person who is able to
destroy 4 the commanded 5 if he 6 opposes his 7 command.

In cases except 8 this, the commanded 5 cannot be excused 9
and the punishment lor killing 2 is carried out with regard to
him ; and as regards a 10 non-authoritative superior 11 the
punishment of temporary kyurek is awarded.

Abt. 184 Notes. — 1 The French Code Penal deals with eases of the class referred
to in Arts. 184 and 185 in a more comprehensive and legally sounder fashion than by
isolated Articles of the character of the two referred to. Concorning a person acting
under duress the French Art. No. 64 runs : — " II n'y a ni crime ni dclit lorsquo lo prevenu
etait en 6tat de demence au temps de Taction, on lorsqu'il a ete oontraint par una
forco a laquelle il n*a pu register " ; whilst with regard to the individual by whoso
command the offence is carriod out Art. 59 and part of Art. GO of the French Code apply.

Art. 59. " Les complices d'un crime ou d'un ilelit seront punis do la mfiine peine
que les auteurs memo de ce crime ou de ce dclit, sauf les cas ou la loi en aurait dispose
autremont."

Art. 60. " Seront punis comme complices d'une action rpjalifie crime ou d6lit,
coux qui, par dons, promesses, menaces, abus d'autorit^ ou de pouvoir, machinations,
ou artifices coupables, auront provoquo a cetto action ou donno dos instructions pour
la commettro."

• " kills " ; as in note 1 to Part I.

1 M authoiitativo superior" : the words in the Turkish text oro " amir-i-mujbir "
and the most literal rendering would be "imperious (or 'compelling,* or 'forcing '),
commander (or ' orderer ') " : it means a superior (or a person) ordering or commanding
who forces or compels or is able to forco or compel oxiothor to oxecuto his order or
command and is able to carry his threats into effect. Nioolaides translates " Kurd
$iarayi)v rov /3ff Siaraaaovroq " i the French rendering is " par 1'ordre d'un superieur
disposant des moyens de contrainte pour faire oxecuter sa volonte." What the phraso
exactly means in tliis and in Art. 185 is explained by the second paragraph of the Article.

• " destroy,*' i.e., " kill."

8 u coiamandcd," i.e., li tho person ordered to do tho killing.

• ** he," t.e., the commanded person.
7 " his,*' i.e., " of the siiperiop."

• "except" or " bosides," "other than."

• " excused " or " oxcusable " (vide note 4 to Art. 1S0J ; it docs not mean ho is
entiroly exempt from ponishment.

" " a » lit. " such.'*

11 " non-authoritativo superior ** (yitU note 3 abovo). Nicolaides translates here
" 6 u$ j$la Biaraaaw " and the French rendering is " le superieur qui a ordonn6 I 'homi-
cide sans disposer de moyens de contrainte."

Art. 185. * — If a person wounds or beats 2 an individual
by command of an authoritative superior 3 the above men-
tioned punishments for wounding or beating, according to
the gravity 4 of the wound or bruise, are carried out with
regard to his superior ; and if the superior is non-authorita-
tive 5 these punishments are carried out with regard to the
perpetrator thereof 6 and those who are such non-authoritative
superiors 5 arc imprisoned for from one week to one year ; but
a person who orders the cutting off 7 or rendering useless 8
of a member 9 incurs 10 the punishment of temporary kyurek
in every ease.

140 OTTOMAN PENAL CODE.

Art. 185 Notes.— 1 {Vide note 1 to Art. 184).

* " beats " (vide note 2 to Port I).

* ''authoritative superior " {vide, note 3 to Art. 184).

* " gravity " lit. " degree.'*

* "non-authoritative" (vide not© 11 to Art. 184).

8 M thereof," i.e., of the wounding or beating.

7 lt cutting off " lit. t; cutting " {vide noto 2 to Art. 177).

9 '* rendering useless" lit. "suspension"; it means " permanent " injury of the
character contemplated in noto II to Art. 177. (V-uIe also note 3 to Art. 177.)

8 " mombor " (vide notes 4 and 10 to Art. 177).
« « l incurs " lit. *" becomes deserving of.'*

Abt. 186. 1 — Acts of killing or wounding taking place for
defence or protection of self or honour 2 are pardoned. 3

Art. 18t> Notes.— * Compare Arts. 328 and 329 of the French Code Penal ;—
Art. 328. " II n'y a ni crime ni delit, lorsque rhomicide, les blessures et les coups

6taient commandos par la n**cpssit£ actuelle de la legitime defense de soi-m6me ou

d'autrui " (and soo also Art. 329 ; noto 1 to Art. 187 infrd),

* " self or honour " : an important point arises on this Article as to whether the
ArticJo applies only to tho defence of one's own life or honour or also to the defence
of the life or honour of another. From tho Turkish text it would appear that tho Article
only applies to thu defence of one's own life though it might possibly include the defence
of the honour of another.

Nicoloidos translates the passage " rqv Cmi}v i\ ti)v ti/x*/i> alrov n ; and the French
rendering is " pour sauvcr s» vio ou se garantir d'un outrage a l'lionnour et h la
pudeur.* '

In Cyprus it has been held by the Supreme Court (Rex. v. Sava, 8 C.L.U., p. 99 and
Rex. v. Kamadftn, 9 C.L.I?., Prelim. Issue, No. 0, p. 1.) that the Article applies to
the defence of the life and honour of another.

3 "pardoned" or "pardonable," i.e., entirely exempt from punishment: it is
not tho same word as " oxcuacd " used in Art. 184.

It should be observed that the above Art. 186 was abrogated by an addendum,
dated G Jomaziul-Akhir, 13i>9 (4 Juno, 1011) to Art. 42.

Art. 187. 1 — Acta of killing, 2 wounding or beating 3 com-
mitted 4 for repelling a person while ho is getting up into the
house, shop or room by setting up a ladder or while he is
forcibly breaking open 5 places whieh arc under lock or while
he is breaking through 6 the wall of or breaking the door
of an inhabited house or its appurtenances by night arc like-
wise pardoned 7 ; and if this affair is 8 in the day-time although
these acts of killing, wounding or beating are not held entirely
pardonable 7 yet the author 9 thereof is excused 10 and he is
treated in the manner to be set forth 11 in Art. 190.

Akt. 1 87 Notes. - 1 The first part of this Article is taken from Art. 329 of the French
Code l'enal ; the second part from Art. 322 with which must he road Art. 321. They
read thus : — Art. 32y. " Sont comprte dans lo cos de necessite aotuelle do defense,
les deux cas smvants : — 1. Si Thomicido a etc commis, si les blessures out et© faites
ou si les coups out oto port6s en repoussanb pendant !a nuit l'escalaile ou I'uffmction
dog clotures, murs ou entree d'uno maison ou d'un appartement habito ou de lours
d6pendauccs : 2. Si lo fait a ou lieu en so defendant contro les auteurs de vols ou do
pillage executes avec violence."

Art. 321. " Le meurtre ainsi que les blessures et les coups sont excusabics, s'ila
ont 6te provoquds par dos coups ou \iolcncca graves envers los peraoones."

OTTOMAN PENAL CODE. 141

Art. 322. " I/os crimes et delits mentionnes au precedent article sont egalement
excuaablos, B'ilfl ont 6te eommis en repoussant pondant le jour l'escalade ou l'effraotion
dos clotures, jnurs on entree d'uue maiaon ou d'un appartcment habite ou do lcurs
dependancos. Si le fait est arriv6 pendant la nuit, ce cas est regie" par 1'Art. 329."

I " killing " ; as in note 1 to Part I.

9 " boating " ; as in note 2 to Part T.
4 " committed " lit. * 4 taking place."

* "breaking opon " lit. " spoiling M or it might be translated " demolishing,"
" deranging,*' " undoing."

B "breaking through" lit. "making a hole into (op through,)" " piorcing."

7 " pardoned " ; as in noto 3 to Art. 186.

8 " is," i.e., takes place.

* " author " lit. " actor," " agent."

10 " excused " (vide note 4 to Art. 190).

II " net forth " or " stated," " explained."

Art. 188. 1 — If a person seeing bis wife or one of his other

mahrems 2 whilst committing the abominable act 3 with

an individual kills both of them together* he is likewise

excused. 6

Art. 188 Notks.— l Compare Art. 324 of the French Code Penal :— Art. 324.
" Le rnenrtre eommis paT Tftpoux sur Vepouse, on par celle-ei sur son epoux, n'est pas
excusablo, si lo vio de 1'epoux ou do l'opouse qui a eommis lo mourtro n'a paa etc miso
en peril dans le moment m&nie ou le mourtro a ou lieu. — Neaninoins, dans Je cas d'adul-
tere, prevu par l'Art. 336, le meurtre eommis par 1'epoux sup l*6pouse, ainsi quo sur
lo complice, a 1' instant ou il Ies surprend on flagrant del it dans la rnaison conjugnlo,
est excusable.

* '* mahrems," i.e., relatives, such as wife, daughter, sisters, etc., who are within
tho forbidden decrees of kinship for marriage. The word only refers to fomales horo.

* " tho abominable act," i.e., here, adultery or fornication-

* " together," i.e., at the same time. Both offondors must bo killed at tho same
time "flagrante delicto?''

1 " excused " not altogether "pardoned" (vide note 4 to Art. 190).

Art. 188 was repealed and a new Article issued on 6 Jemazi'
ul-Akhir, 1329 (4 June, 1911). The text of the new Article
is as follows : —

If a person seeing his wife or one of liis other mahrems 1
in the state of committing the abominable act of adultery
with an individual beats or wounds or kills one of them or
both of them together 2 he is pardoned 3 ; and if a person
seeing his wife or one of his mahrems 1 in unlawful bed 4 with
an individual beats or wounds or kills one of them or both
of them together 2 he is excused. 5

To tho now Article tho following notes may bo added : —
1 " mahrems " (vide note 2 to old Art. 188).
1 "together" (vide note 4 to old Art. 188).

* *' pardoned," i.e., escapes punishmont altogether (vide note 3 to Art. 186).

4 " in unlawful bed" : this is literal. It distinguishes here the caso of tho guilty pair
being found in the same bed from that in which they are found actually "flagrante delicto."

1 *' excused " : tho distinction horo between H pardoned " as in noto 3 and " excused,"
i.e., partial exemption from tho full punishment owing to the provocative circum-
stances, is well marked : for " excused " (vide note 4 to Art. 190).

142 OTTOMAN PENAL CODE.

Art. 189. 1 — The person who commits the acts of killing, 2
wounding or beating 3 taking place in reciprocation 4 is like-
wise excusable 5 ; but police officers are excepted in this
respect and they do not become responsible for acts of killing 2
wounding or beating 3 which they may commit where per-
mitted to do so by the law in that behalf 6 in the carrying
out of the duties of their office and those 7 who reciprocate 8
on them 9 can on no account be excused. 10

Art. 180 Notes.— 1 Compare, for tho latter part of the Article, Art. 327 of the
French Code Penal : — " II n'y a ni crime ni d6Iit, lorsquo rhomicide, les blessures
et les coups otaient ordonnos par la loi et commandes par l'autorite legitime " : for
tho former part of the Article oomparo Art. 321 {vide note 1 to Art. 187).

* " killing " ; as in note 1 to Part I.

1 " beating " ; as in note 2 to Part I.

4 " in reciprocation," i.e., " in return " or " in retaliation." Nioolaidca translates
" kot dfivvav H : the French rendering is a paraphrase : "s'ils ont ebe provoquea
pas des actes semblablos " — " ils " referring to ** le meurtre ainsi que los blessures
et les coups " — and this gives exactly the meaning of the Turkish Article.

1 " excusable " (vide note 4 to Art. 190).

1 " where permitted to do so by the law in that behalf " lit. " pursuantly with the
permission (or allowance) shown by tho special law," *.c, within thoso limits which
are legally permissible. " Law " ; the word in the Turkish text is " Nizam " [vide
note 2 to Art. 15). Nicolaides translates ** Kai ivrbg twv vwo rov voftov Sniyeyptiuuevtoi'
h()iai> tvtpyovvTa" : tho French rendering is "lorsqu'ils ont agi dans los limites dos r6gle-
ments particuliers relatifs a leur service.*'

7 " those,'* i.e., persons.

* "reciprocate," *.e.» "rotaliato" : Nicolaides translates u olSi mxt' avrwv anwoptvei* 1 ;
the French rendering is " qui useront de represailles envers eux "

* M thorn," i.e., tho police.

10 "exoused" or "excusable" (vide note 4 to Art. 100).

Art. 189 was repealed and a new Article issued on 6 Jemazi'
ul-Akhir, 1329 (4 June, 1911). The text of the new Article
is as follows : —

The person who commits the acts of killing, wounding
or beating taking place in reciprocation is likewise excusable. 1

To the new Article the following noto may be added ; —

' The notes to words given in the original Article are, where those words occur in
this new Article, applicable.

Art. 190. x — The killer, 2 wounder or beater 3 whose excus-
ableness 4 has been verified is imprisoned for from throe months
to three years and such are kept 5 under police supervision
also for from five years to ten years as the case may require. 6

Art. 100 Notes. — ■ The French Codo P6nal has aa its counterpart to the above
Article one more elaborated : vidz Art. 320 which reads : — " Lorsque le fait d'excuse
sera prouve. — S'il s'agit d'un crime omportant la peine do mort, ou cellos des travaux
forces & porp6tuitc, ou collo do la deportation, la peino sera roduito & un emprisonne-
mont d'un an a cinq ana : — S'il s'agit de tout autro crimo, elle sera reduite a un em.
prisonnement de six mois a deux ans : — Dans ces deux premiers cas, los coupablea
pourront do plus 6tro mis par l'arrot ou lc jugemont sous la surveillance do la haute
police pendant cinq ans au moins et dix ans au plus. — S'il s'agit d'un delit, la peine
sera reduite a un emprisonnement de six jours a six mois."

OTTOMAN PENAL CODE. 143

* " killor " ; as in note 1 to Part I.

1 " beater " ; as in note 2 to Part I.

* " excusableness "* ; this Article gives the measure of the difToronce between the
exproseion " oxcuaod " and pardoned." When Articles rofor to an offondor boing
" excused " or " excusable,'* tho normal punishment is mitigated as indicated in this
Artiolo (190). " JL'ardonod," on tho other hand, means complete avoidance of penalty.

s "kept" lit. "taken."

* " as the case may require " lit. " according to the requirement."

Art. 190 was repealed and a new Article issued on 6 Jemazi 7
ul-Akhir, 1329 (4 June, 1911). The text of the new Article
is as follows : —

The punishments for those whose excusableness has been
verified are as follows : —

If the act necessitates one of the punishments of death
or perpetual kyurek or perpetual confinement in a fortress
the perpetrator is imprisoned for from one year to three
years. If the act necessitates other deterrent 1 punishment,
the perpetrator is imprisoned for from six months to two
years. If the act necessitates correctional 2 punishment the
perpetrator is imprisoned for from twenty-four hours to
six months, or sentenced to a fine of from five Beshliks 3
to two Liras according to the degree of the act and
excusableness.

To the above amended Article the following notes may be added : —

1 "detorront" (vide Art. 3).

1 " correctional " {vide Art. 4).

» " Beshliks" [vide note 20 to Art. 254).

Art. 191. l — If an individual either by despatching a
letter 2 sealed or unsealed 3 and signed or unsigned 4 or by
sending a man to a person bids him 5 to forward 6 to himself 7
or to a place indicated by himself 8 money in cash or certain 9
articles or makes other demands or proposals thereby 10 and
intimidates or threatens him 5 by declaring 11 that if he 12
does not forward 6 that which he 13 wants 34 or does not carry
out the proposal he 13 will inflict some harm upon 13 him 5
then, 16 if the harm stated by him 7 is one which makes the
punishment of death or kyurek in perpetuity necessary
according to law with regard to the offender 17 but it has
not been brought to effect, 18 the individual who has dared
to commit 19 this kind of Jinayet is placed in kyurek tem-
porarily ; and if the harm which he 7 has notified that he 7
would inflict is not one of the Jinayets which would make
the punishments mentioned above necessary according to
law but is one of lighter kind 20 and has likewise not been
brought to effect, 18 the said individual is imprisoned for

144 OTTOMAN PENAL CODE.

from one year to three years and a fine of from three Mejidieh
gold pieces to twenty Mejidieh gold pieces is taken from
him.

Akt. 191 Notes. — ] The construction of this sentence in the Turkish text is bad
and awkward, little care having boon apparently taken as to the grammar : the sense
is clear though a literal translation requires many explanatory notes.

In the French Code Penal this Article is represented by Arte. 305-308 forming a
subheading (§ II J entitled " Menaces " of Soetion 1 (Meurtres et autres crimes capitaux,
menaces d'attentat contre los porsonnes) of Chaptor II {Crimes et d61its contre les
person nes) of Book II (Criiniis et. d&ULs contre les parti culiers). These Articles read
thus : — Art. 305. '* Quiconquo aura menace, par rtcrit anonyme ou sign£, d'assas-
sii at, d'emprisonnexnent, ou de tout autre attentat eontro les peraonnca qui seraient
punissabtes de la peine de mart, des travaux forces a porp6tuit£, ou de la deportation,
sera puni de la peine des travaux forc6s a temps, dans lo cas ou la menace aura 6te
faito avoo ordro do ddposor une somme d'argont dans un lieu indiquc" ou de romplir
toute autre condition."

Art. 306. " Si cette menace n'a £t6 nccnmpagn6e d'aucun ordro ou condition, la
peino sera d'un omprisonnemont de doux ans au moins et de cinq ana au plus, et
d'nne amende de cent francs a six cents francs/'

Art. 307. " Si la menaco fait© ovee ordre ou sous condition a 4t4 vorbale, le coupable
s«ra. puni d'un emprisonncment do six mois a doux ana, ct d'uno amende de vingl-
cinq francs a trois cents francs."

Art. 308. " f)ons les cas prevus par les deux precedents articles, le coupable pourra
do plus etro mia, par l'arrot ou lo jugemont, eous la surveillance do lo haute police pour
cinq ana au moins et dix ans aux plus."

* " letter" lit. "paper."

1 '* soaled or unsealed" lit. u with seal or without seal."

* "signed or unsigned*' lit. " with signature or without signature."
8 "him," i.e., the person to whom the letter or emissary is sent.

* "forward" lit. "send."

7 '* himself," i.e., the sender of the letter or emissary.

* " indicated by himsolf," i.e. t indieatod by tho eondor in the letter or through his
emissary.

* '* certain " or " some."

10 " thorcby " lit. " thoroin," i.e., in tho letter or through the emissary.

11 " declaring " or "stating," i.e., in the letter or through the emissary.
« " he " ; as in note (fi).

n " ho " ; as in note (7).

14 " wants " or tl asks for."

*• " will inflict some harm upon " lit. " will bring about some injury with regard to."

" " thon " lit. " and."

« " offender " lit. " perpetrator thereof."

*• "been brought to effect" lit. "come out to effect."

19 " to commit" ; tho words aro insortcd in tho translation for clarity.

*° " lighter kind," i.e., lighter kind of Jintvyet-

Art. 191 was repealed and a new Article issued on 6 Jemazi'
ul-Akhir, 1329 (4 June, 1911). The following is the text
of the new Article : —

If an individual either by despatching a letter sealed or
unsealed and signed or unsigned or by sending a man to
a person bids him to forward to himself or to a place indicated
by himself money in cash or certain articles or makes other
demands or proposals thereby and intimidates or threatens

OTTOMAN PENAL CODE. 145

him by declaring that if he does not forward that which
he wants or does not carry out his proposal he will inflict
some harm upon him then, if the harm stated by him is
one which makes the punishment of death or kyurek in per-
petuity necessary according to law with regard to the author 1
thereof but it has not been brought to effect, the individual
who has dared to commit this kind of Jinayet is placed in
kyurek temporarily. If the threat made does not comprise
money or certain articles or other demands and the harm
to be brought about includes one of the offences indicated
in the preceding paragraph but it has not been brought to
effect the individual who has dared to make the threat is
imprisoned for from one year to three years.

If an individual verbally threatens another person with
the demands, proposals or harms mentioned in the first
paragraph, or if the threat made is made by way of des-
patching a scaled or unsealed or signed or unsigned letter
or of sending a man and the harm is of a lighter kind of Jinayet
than those in the said paragraph and has likewise not been
brought to effect, such individual is imprisoned for from
three months to three years. If the threat or intimidation
taken place with regard to the demands made necessitates
correctional 2 punishment or if the threat is one of divulgence 3
against his honour or dignity the offender 4 is imprisoned
for from one week to one year. 5

The following notes may bo appended to the new Artiele :- —

1 4t author," lit. " porpotT&tOT."

1 'correctional" (vide. Art. 4).

3 "divulgence" or " exposure." Tho whole passage literally translated runs *' or
if throat of divnlgonco against his honour and dignity take* place."

* "offender" lit. "perpetrator thereof."

& The notes to tho original Articlo on sue** words ag " letter," " sealed or unsealed,"
" signed or unsigned," " forward," " wants," " inflict gome harm upon," " be brought
to effect," " lighter kind." are also applicable to the new Article.

PART IL

The punishment fro video for persons causing abortion,
selling adulterated drinks, 1 or poisons 2 without

SURETY. 3

Part II Nirriss. — x ''adulterated drink*" lit. " mixed drinks," or " impure drinks.*'

» ** poisons " or " poisonous substances " : the words " who soil " should be read
in before the word " poisons."

* *' without surety " or " without guarantee " {vide note 6 to Art. 19G, undor '* with-
out surety " infra).

M

146 OTTOMAN PENAL CODE.

Art. 192. 1 — If a person becomes the cause of the mis-
carriage 2 of a pregnant woman by beating 3 her or by any
other act 4 he is after recovery of the Diyet under the Sher'
law 5 placed in kyurek temporarily if this violence 6 of his
has been on purpose. 7

Art. 192 Notes.-— 1 The meaning of this Article is that a person who is the cause
of a woman's miscarriage is liable to pay the compensation fixed by the Sher 1 law
whether he has intentionally or unintentionally caused tho miscarriage but if he has
done 30 intentionally thon in addition to tho payment of the compensation ho is punished
with temporary kyurek.

Compare tho first paragraph of Art. 317 of the French Codo Penal : — " Quiconque
par aliment, breuvagc, medicament, violence ou par tout autro moyon, aura procure
r&vortement d'une femmo enceinte, soit qu'elle y ait consonti ou non. sera puni de
la reelusion.

* t: miscarriage lit. " dropping of tho footus."

8 li beating " also M striking " (vide note 2 to Part I).

* *' by any other aot " lit. '* by any act of other sort." This is not confined to phy-
sical violence.

* " after recovery of the Diyet under the Sher* law ™ lit. " after receiving (i.e., the
receiving by the injured woman from the offender) tho Sher' Diyet therefor." For
the meaning of and amount of Diyet payable under tho Sher' Inw vide Introduction.
The " Diyet " for the destruction of a foetus through abortion is called " ghurreh."

* " violence " or '* cruelty, " " excess."

' "on purpose " also ''purposely," "intentionally" or "deliberately."

Art. 192 was repealed and a new Article issued on 6 Jemazi'
ul-Akhir, 1329 (4 June, 1911). Tiie text of the new Article

is as follows : —

The woman miscarrying her foetus 1 by making use, or
by giving her consent for the making use by another, of
special means, is imprisoned for from six months to three
years.

The individual causing a woman to miscarry her foetus
by preparing 2 special means with her consent, is condemned
to imprisonment for from one year to three years. If as
the result of such miscarriage of foetus, or in consequence
of 3 the means made use of for miscarriage, destruction of
person 1 comes about, lie 5 is put in kyurek for from four years
to seven years.

Tf a person, without the consent of a woman of whose
pregnancy he 5 is aware brings about miscarriage by making
use of special means, or by beating, wounding, or committing
other acts, he 5 is condemned to kyurek for from three years
to ten years.

If as a result 7 of such miscarriage, or in consequence of 3
the means made use of for miscarriage the woman dies, 8
the punishment is kyurek for not less than 9 fifteen years.

OTTOMAN PENAL CODE. 147

If the individuals committing these acts are one of the
physicians, or health officers or persons practising 10 under
Government supervision such as midwivcs, the specified
punishment is increased by one-sixth. 11

To the new Article the following notes may be added ; —

1 " miscarrying her foetus " lit. " dropping foetus " ; the note is applicable wherever
the expression occurs throughout this Part (11).

* "preparing" or *' providing."

* "in consequence of" lit. "from."

* " destruction of porson," i.e., the death of the woman.

* " he," i.e., tho offender, whether male or female.

* " beating " ; as in note 3 to the original Article.

7 " as a result " lit. " at the result.*'

* K dies " lit. " is destroyed."

* " less than " lit. " below."

10 "practising" lit. "carrying out profession."

11 The new Article docs away with the " Diyct" payable under the provisions of
the original Article. It also affects Art. 193 [vide note I thereto).

Art. 193. l — If in order to make a pregnant woman make
a miscarriage whether with her consent or without her
consent she is treated with 2 drugs, 3 or the requirements 4
or means for it 5 are indicated 6 and the miscarriage is brought
about 7 by the effect thereof, the person who has been the
cause of this 8 is imprisoned for from six months to two years ;
and if the person who lias been the cause of this 8 is a physician,
surgeon or druggist he is placed in kyurek temporarily.

Art. 193 Notes. — 1 Comparo tho second and third paragraphs of Art. 317 of tho
French Code P6nal which should ho read in conjunction with the first paragraph of
the S&me Article quoted in note 1 to Art. 192 of the Ottoman Penal Code : — " I,a
memo peine sera prononc6e contre la femme qui se sera procure 1'avortement a elle-
inemc, on qui aura consent! a foire usage dca moyons d elle Lndiqucs ou admini stress
a cet efEet, si 1'avortement s'en est suivi.

" Los medecins, chirurgiens ot autros ofticiors do santo, ainsi quo los pharmaciona
qui auront indiqu6 ou odministro cos moyens aoront condamnds a la peine des travaux
forces a temps, dans le cas oil Vavortement aurait en lieu.**

It is important, to notice here the difference between the French and original
Ottoman Codes in connection with the provision of punishment for a woman who

herself brings about her own miscarriage. The former Code makes such action
punishable, the latter did not. Whether or not the omission was intentional it was
rather a serious one, but tho fact that tho atato of tho law was as above indicated is
well recognized by the Courts of, at any rate, Cyprus. But vide new Art. 192, note 11.

2 " treated with " lit. " mado to drinle."

3 " drugs " lit. " medicine."

* "requirements" or "requisites, 1 ' i.e., what is necessary to produce the required
effect.

5 lt it," i.e., tho miscarriage

* " indicated " lit. " defined " or " described."

* " the miscarriage is brought about " lit. " her infant is caused to be dropped."

8 " this." i.e., tho miscarriage.

Art. 194. l — An individual who though not causing the
death of 2 a person becomes the cause of his illness or of his

M2

148 OTTOMAN PENAL CODE.

not being able for a while 3 to occupy himself with his ordinary
business 1 by purposely 5 administering 6 to him certain 7
tilings, is imprisoned for from one month to one year and
a compensation 8 of from three Mejidieh gold pieces to twenty-
five Mejidieh gold pieces is taken and given to the man
affected.

Art. 194 Notes. — * Compare fcho fourth paragraph of Art. 317 of tho French Code
P^nal : — " Celui qui aura oceasione a autrui une maladie on une incapacity do travail
personnel, on lui administrant volontairernent, do quolqu© maniere quo co eoit, dee
substances qui. sans 6tre do nature &, donncr la mort, sont nulsibles a la sant£, sera
purJ ri'un emprisonnement d'un mois a cinq ans, fit d'tine amende de seize franca
a cinq cents francs ; il potirra de plus etr© renvoye sous la eurvoillencc do la hauto
police pendant deux ans au moins et dix ans au plus. Si la maladie- ou incapacity de
travail personnel a dure plus de vingt jours, la peine sera eelle de reclusion."

* '"causing the death of" lit. "destroying."

3 " for a while " or *' to somo ox tent," Nicolaides has " irn rtva \povov " ; the
French rendering is " temporaire "

4 "his ordinary business" lit. "with his work and gain."
R " purposely or intentionally."

a " administering " lit. " giving.*'

7 " certain " or *' some."

* " compensation " lit. " indemnity money."

Art. 195. 1 — Druggists who open druggists' shops without
being the holders of a certificate 2 arc punished by the taking
of a fine of from ten Mejidieh gold pieces to fifty Mejidieh
gold pieces after first of all causing their shops to be closed. 3

Art. 195 NOTES. — * Nicolaides quotes (Ott. Cod., pp. 2483, 2484) a circular of tho
Ministry of Justice dated 22 Zilhijje, 1303 (21 September, 1886) in which stringent
orders are given for proceedings to be taken against all persons who without having
obtained thp requisite diploma and license from the Imperial Medical School practise
medicine, surgery, midwifery, compounding or other branches of the medical profession
(tide also " Loi nur l'oxercise dc la m6dicinc civilo '*) : 7 Rcbi'ul-Akhir, 1278 (11 Octo-
ber, 18fil) : Destur, IT, p. 817 : Nicolaides, Ott. Cod., p. 432tt ; Aristarehi, Leg. Ott.,
Ill, p. 105).

2 " certificate M or " diploma."

8 " after first of all causing their shops to be closed," i.e., their shops are closed
down by the authorities."

Art. 196. 1 — Those who sell noxious 2 drugs which will
injure 3 the public health or adulterated 4 drinks or poisonous
substances 5 without surety 6 are imprisoned for from one
week to two years and a fine of from one Mejidieh gold piece
to twenty-five Mejidieh gold pieces is taken and the article, 7
whatever it may be, sold by them is seized by the Govern-
ment.

Art. 196 Notes. — ' Compare Art. 318 of the h'reneh Code i'enal \ — " Quiconqu©
aura vendu ou debits' des boissons falsifies, conterxant dos mixtions nuisibles a la
sant6 ? sera puni d'un ernprisoiuioment de six jours a deux ans, et d'uue amende do
seize francs a cinq cents francs. Seront saisies ot eontisque^s les boissons falsifiers
trouvees appartcnu au vendcur ou dobitanfc."

OTTOMAN PENAL CODE. 110

* "noxious" or "injurious," " noisome."

* " injure " or " impair," " derange. 1 *

* " adulterated " lit. " mixed."

6 " poisonous substances " l;t. " poisons."

* " without surety." According to the Turkish text it is not clear whether it is
the purchaser or the vendor who has to give the surely nor docs Nicolaides attempt
to explain the phrase translating it literally " aviii h/yr^tar " the French rendering,
howovor, runs " sans avoir obtcnu do l'ocheteur lee garanties necessaices " from which
it would appear that the purchaser must give the vendor assurances that the poison
is obtained with propriety.

1 " article " : the word in the Turkish text is plural '* cshya," i.e., things or goods
{vide note 8 to Art. 27). The word is often used with a singular meaning as hero trans-
lated. Upon a conviction, only those articles the sale of which might constitute an
offence under this Article of the Code, are presumably, aeizable under the provisions
of the Article and not the whole of the offender's vendibles.

PART III.

Sets forth the punishment for persons who violate

honour.

Art. 197. x — Whoever does the abominable act 2 to 3 a
child under eleven years of age is punished with the punish-
ment of temporary imprisonment for not less than six

months.

Art. 1H7 Notks. — * Compare Art. 331 of tho French Code Penal : — " Tout at-
tentat a la pudeur consomme ou tente sans violence sur la personno d'un enfant
do Tun ou do l'autro sexe, age* dc mains do onzc ans sera puni de la roclueion." (Loi,
28 Avril, 1832.)

Walpole (Ott. Pen. Cod., p. 85) states in a foot to this Article (19") that by a Vizierial
Decree dated 7 Sofcr, 1291, an offence of the character contemplated under the Articlo
when committed on a child under thirteen is, even if the child is a consenting party,
an offenco committed with violence undor Art. 198. The author no doubt refers to
tho Circular letter of tho Ministry of Justice quoted by Nicolaides, Ott. Cod., pp. 2428,
2429 and already mentioned heroin in note 1 to Art. 40 (vide supra). This Circular
dated 7 Sefer, 1291 (2(i March, 1874), may be found in tho Dostvir, Voh IV, p. 352 and
371. A translation from fcho Turkish tost reads as follows :—

41 It having been stated by the Department for Criminal Trials that whereas male
and female children who have not completed the age of tliirteen years are regarded
aa infant if (the) abominable act is dono to them be it even with thoir consent by
deceiving (i.e., ssdueing) them, to regard it (i.e., the outrage) as force (i.e., ''coercion "
or " violence " or " compulsion ") is a natural matter, thoir consent being of no effect
(i.e., their consent being imniai/erial) ; and that if the puberty oE offenders who are above
this (age), that is to say who have not yet completed the age of fifteen years, cannot
be established {i.e., proved), they (i.e., such offenders) should bo regarded as niurahiq-
i-mumcyyiz (i.e., one who has not attained puberty but is on tho verge of puberty
arid has the capacity of discriminating between right and wrong), in winch caso their
consent too would necessarily be of effect to some extent (lit. in which case it would
bo necessary that their consent should also be of effect to some degree) and they should
undergo punishment in accordance with Art. 40 of the Penal Code, the necessary action
should (therefore) be taken accordingly."

150 OTTOMAN PENAL CODE.

The effect of this Circular is really threefold.

(a) An outrage on a person under 13 years old is regarded as an outrage with force
and as falling under Art. 198 whether the person outraged consents or not to the act
of outrage.

(b) I'crsons who are ovor thirteen years of age but who liavo not completed tho
age of fifteen and who have not reached the state of puljerty who commit mieh an out-
rage on another are punished as indicated in Art. 40-

(c) The consent of persons, who being; over thirteen years of age have not completed
the age uf fifteen and who have not reached the state of puberty, to such an outrage
being committed on them is effective consent and the perpetrator of the outrage is
not punishable. This rulo as stated by Walpole is always uctocl upon in Cyprus.

* w the abominable act " or " infamous act." This is literal and includes either
outrage by way of unnatural or natural intercourse {i.c , sodomitieal or sexual). Nico-
laides translates tho passage "o irufta feotv aatX-yrfvat; " : tho French rendering
is " tout, attentat a la pudour."

3 "does . . . to," i.e., actually commits on.

Art. 197 was repealed and a new Article issued on 6 Jemazi'
uI-Akhir, 1329 (I Juno, 1911). The text of the new Article
is as follows : —

Whoever docs the abominable act 1 to a child who has
not completed the age of fifteen years is put in kyurek
temporarily. If this act takes place by the exercise of
compulsion 2 or violence the punishment of kyurek cannot
be less than seven years.

To the new Article the following notes may be added : —

1 " the abominable act " {i:itlp noto 2 to original Art. 197).

2 " compulsion " or " force."

a

ART. 198. 1 — If a man does the abominable act 2 to 3
person, 4 that is to say violates his honour, by force 5 he is
placed in kyurek temporarily.

Akt. 198 Notes. — ' Compare with this and tho preceding Article (both of which
should be read together in conjunction with the Circular letter of 7 Sefer, 1291, quoted
in note 1 to Art. 197 and with the addendum to Art. 198 of 3 Jemazi'ul -Akhir, 1277,
immediately following Art. 198), Art. 332 of the French Code P£nal : — " Quiconruie
aura eommis le crime de viol sera puni des tiavaux forces a temps. Si lo crime & £to
.'■in mi:; sur la pcrsonne d'un enfant au-dessous do l'nge do quinzo ana occomplis, lo
coupable subira 1c mavimum de la peine des travaux force's a temps. Quiconque aura
eommis un attentat a la pudeiir. eonsonime on tentt\ avee violence contra des individus
de l'un ou do 1'autre sexe, sera puni de la rechision : — Si le crime a qU- eommis sur la
personne d'un enfant au-de^sous de l'age de quince ans accoiuplis, le coupable subira
la peine, ties travnux forces a tempt*." (Loi, 28 Avril, 1832.)

8 "abominable act" {vide note 'Z to Art. 197).

* "does ... to'* (vide note 3 to Art. 197).

* "a person/* i.e., of either sex.

4 " by force " or ** by compulsion," " by constraint," " by coercion." It is important
to notice here that tL force " or '' constraint " would, and hag often beer: held in Cyprus
to, include threats or coercion inducing a great state of fear : — e.g., brandishing a knife,
threatening to kill or disembowel and the like.

Art. 198 was amplified bA^ an addendum dated 3 Jemazi'ul-
Akhir, 1277 (17 December, "i860). The text of the addendum
is as follows : —

OTTOMAN PENAL CODE. 151

Where 1 one has attempted to commit such abominable
act 2 by force 3 but it 4 has not come into effect by the inter-
vention of impediments 5 not under his control 6 he is punished
with the punishment of imprisonment for not less than three
months.

To this addendum m&y be added the following notes :—

1 The text of (his addendum may bo found in Dji?.-i-i£nv, n 983 ; Korakoch Sarkis,
p. 116 ; NioolaidflS, Ott. Cod., p. 2485 ; Young. Corps do Droit, Ott.. Vol. VII, p. 39 ;
Aristftvohi, II, p. 270; Widpola, p. Hfi. The addendum may be compared with part
of Art. 332 of the French Codo Penal quoted in note 1 to Art. 198. Tho effoct of Arts.
197. 198. the Circular letter of 7 Sefer. 1291, and of the present addendum to Art. 198
is as follows : —

An outrage committed on any person with violcnco falls under Art. 198,

An outrage committed on a child under Uiirteen years of age is regarded ay an offence
with violence under Art. 198 in conjunction with the Circular letter of 7 Sefor, 1291.

An outrage committed on any person over tliirteen years of age is no offence if the
person upon whom such outrage is committed freely consents. An attempt to commit
an outrage with violence which attempt is not effectually carried out owing to circum-
stances independent of the offender's control {e,g., resistance of tho victim, interference
by or fright at the appearance of a third party) falls under the addendum to Art. 198.

It will be observed that unless committed with foroo or upon a person under thirteen
years of age sodomy is not a criminal offence under tho Ottoman Penal Code ; nor
are unnatural offences with animals, criminal.

2 " abominable act " (vide note 2 to Art. 107).

* "by force" (vide note 5 to Art. 198).

* "it," i.e., the abominable act.

6 "impediments'* lit. "preventing causes."

* " under hia control lit. i( in his hand of choice."

Art. 199. x — If the commission of the abominable act 2
by force takes place on the part of the instructors 4 or
guardians 5 of the victims 6 over whom 7 they 8 have authority 9
or on the part of their 10 salaried servants 11 punishment of
temporary kyurek for not less than five years is awarded.

Art. 109 Notes.-— ' Compare Art. 333 of the French Code Penal : — ■" Si lea coup-
ables sont les ascendants de la personne sur laquelles a ete com mis 1'attentat, s'ils
sont de la clo^o do cons qui out outoritc g\it oll*», e'ds sonfc ses ins titu tours on sos sor-
viteurs a gages, ou serviteurs a gages des personnes ci-dessus designees, s'ils sont fonc-
tionnaires on ministres d'uii enlte, ou si le conpable, quel rm'il soit, a £be aide dans
son crime par one ou plnsiours personnes, la peine sera, ceUe des travaux forces a
temps, dans le cas prevu par 1'Art. 33) [vide note 1 to Art. 197) ol des travaux forces
a perp^tuite, dans les cas proVus par 1'article precedent 7 ' (An. 332, vide, note 1 to Art
198). (Loi, 28 Avrii, 1832.)

a "abominablo act'* {vide not© 2 to Art. 197).

9 "by force" (vide note 5 to Art. 198).

* " instructors ' or " educators/'

& * l guardians " or also " l protectors," " patrons," ll near relatives," " nest of kin."

* " victims " lit, " those who are subjected to this " : " this," i.e., the abominablo act.
' " whom," i.e., the victims.

8 *' they," i.e., the offenders.

' *' have authority " ; tho phraso literally runs " over whom thoir authority is
current."

10 " their," i.e., of the victims.

11 "salaried servants" lit. "servants with monthly pay." "~~*" , x

/'

y

152 OTTOMAN PENAL CODE.

Art. 200. — Tf such abominable act 1 by force 2 takes place
with regard to a girl who has not yet been married to a man,
the person who has dared 3 to do this further becomes liable
to pay compensation in addition to such punishment of
kyurek. 4

Art. 200 Notes. — ' " abominable act" [vide noto 2 to Art. 107).

• " force " (vide note to Art. 198).
8 "has dared 1 ' or " dared."

* " further bocomes lioblo to pay compensation in addition to such punishment
of kyurek." " Such (or ' this ') punishment of kyurek " refers of course to the punish-
raent« prescribed in the preceding Articles.

Art. 200 was amplified by an addendum dated 3 Jemazi'ul-
Akhir, 1277 (17 December, 1860) of which the text is as
follows : —

The 1 person who deceives 2 a virgin who has attained the
age of puberty saying that he will take her to wife and does
away with 3 her virginity and afterwards refuses to take
her 4 is, after compensation has been recovered 5 from him
for loss of virginity, imprisoned for from one week to six
months ; but the issuing 6 of this sentence depends on either
the male's confessing 7 and admitting the deceit 8 by promise
of marriage or the girl's side 9 proving it. 10

To this addendum may bo added Che following notes • —

1 The text of this addendum may bo found in Djiz i -KftV, p. 084 ; Nieolaidoe, Ott.,
Cod., p. 2485 ; Young, Corps do Droit, Ott., Vol. VII. p. 39 ; Aristorclu, II, pp. 270.
271 ; WaJpoIe, p. 86.

2 " deceives " or "seduces."

8 " docs away with " lit. " removes," " obliterates.'*

* " tako her," i.e., take her to wife.

* " recovered " lit. " taken."

1 *• issuing " or " emanation.''

' " confessing " or " acknowledging."

' "deceit" or "seduction."

* " tho girl's aide," i e. f the girl and her family and witnesses.

10 " it," i.e., the seduction and the promise of marriage by which the seduction was
induced.

Art. 201, 1 Whoever dares to behave 2 contrary to public
decency 3 by making it a habit to 4 incite and entice young
persons from amongst males or females to obscenities 5 by
perverting 6 or deceiving 7 them or facilitating the means of
the coming about thereof 8 is punished with imprisonment
for from one month to one year ; and if this matter 9 of
perverting 6 or deceiving 7 in this manner proceeds from persons
who are the father or mother or guardian 10 they 11 are pun-
ished with imprisonment for from six months to one year
and a half.

OTTOMAN PENAL CODE. 153

Art. 201 Notbs. — 1 Compare Art. 334 of the French Code P&ial : — " Qnicnnque
aura attente aux moeuif?, en excitant., favorisanl ou facilitant habit uellcmont le dobauche
ou la corruption de la jcuncssc de 1'un on do I'autro sexo au-dossous dc I'nge dp vingt-
un ans. sera puni d'un emprisoimcment de six moLs A deux ans, et d'unc amende do
cinquante francs k cinq cents francs. Si le prostitution, ou la corruption a ole exeit^e,
favoriseo ou facilitee par lours pores, meres, tutcurs ou autre© porsonnea charg6es do
leur surveillance, la peine suit* de deux ans n cinq ans d'uinprisomieuicnt, et de troia
eenta francs a mills- francs d'amende."

* '* behave " or " act."

s "decency" or "modesty."

* " by making it a habit to," i.e., by habitually.

6 " obscenities," i.e., indecent conduct. Nieolaides translates by " c/e iffiXytta** M ;
and the French rendoring i3 " la dehauche."

8 "perverting" or "seducing." Nieolaides uses ** &Tow\av$bv"

7 "deceiving" or "seducing." Nicolaidos uses '* i%mniTu>v."

8 " thereof," t.e.. of tho obsconities.

9 " matter," i.e., the act.

10 ** father, mother or guardian/' i.e., of such young persons thus corrupted.

11 " they," i.e., tho father, mother or guardian as tho ease may bo.

Art. 201 was amplified by an addendum dated 3 Jemazi'ul-
Akhir, 1277 (17 December, 1860) the text of which is as
follows : —

The 1 right to proceed against a woman for honour belongs
absolutely to her husband 2 or to her guardian 3 if she has
not got a husband ; and the woman whose having committed
the abominable 4 act of adultery is proved 5 upon such pro-
ceedings 6 is punished with imprisonment for not less than
three months or more than two years ; provided that the
husband can defeat the effect of this punishment by con-
senting to take again 7 his wife.

The person also who is the partner in such adultery 8 of
a woman convicted thereof is likewise punished with im-
prisonment for from three months to two years and apart
from this a fine of from five Mejidich gold pieces to one
hundred Mejidich gold pieces is taken from him ; and the
proof 9 which may be admissible 10 against such partner in
the offence can be deduced 11 from the actual performance
of the said act 12 or further 13 from presence in 14 the harim 15
of a Mussulman or from letters and papers written by
him. 16

And as the operation 17 of this Article depends 18 entirely
on a woman's committing the abominable 4 act of adultery
and proceedings for honour 19 taking place on the part of her
husband or guardian, the Police Regulations 20 of the Imperial
Ottoman Government now in force with regard to such
obscenities will apply as heretofore 21 in ordinary cases, and
this 22 does not affect them 23 at all. A husband in the habit of
committing 24 the hideous act of adultery with another woman

154 OTTOMAN PENAL CODE.

in the house wherein he is living with his wife and whose 23
commission of the said act is proved 5 on complaint made
by his wife is punished by taking 26 a fine of from five Mejidieh
gold pieces to one hundred Mejidieh gold pieces.

To this addendum the following notes may be added : —

3 This addendum may be found in Djiz l-Ka-v, p. 88-4 ; Nicolaides, Ott. Cod., p. 2486 ;
Young, Corps do Droit Ott., Vol. VH, pp- 39 and 40 j Arwtarehi, TT, p. 371 ; Walpola.
pp. 86 and 87. The addendum may bo oomparod with Arts. 3!J6, 337, 338 and 330,
of the French Code Penal : —

Art. 336. " L'adultere de la fomm© ne pourra etre dentinal que par le mari ; cotte
facultc memo cesacra s'll est dans lo cos prevu par l'Art. 339."

Art. 337. " La femme convamcue d'aduUere subira la pome de l'einpnsonneinent
pendant trois mois au moms ©t d©ux anfl flu plus. Lo man rest era I© maitre d'arpotor
l'effet de cette corKlamtiation, en eonsontant a reprondre sa foranie."

Arl. 338. " Le complice de la femme udulu're sera puni de reinprisoiinemenfc pendant
fa merae espace de temps et, en outre, d'une amende de cent francs a deux mdfe francs.
I-ca acules prouves qui pourronfc otrc adiruscs contrc 1c prevonu dc complicity, scront,
outre lo flagrant d6Lit, cellos resultant do lettres on ant res pieces eerites par le
prevenu.

Art. 339. " Le man qui aura ent-rctenu une concubine dans la maison conjugal©,
et> qui aura ete nomameu stir la plamto do la femme, sera puni d'une amended© cent

francs a deux irulle francs."

* " the right to proceed against a woman for honour belongs absolutely to her

husband " lit. " an honour action against a woman lies absolutely with her
husband."

' "guardian " ; ao iu note 5 to Art. 189.

« "abominable" or "infamous."

s " is proved " ht. " ha* become certain."

6 " upon such proceedings " ht. * upon action in such manner " ; action meaning
here, legal proceedings.

7 " tako again" or " re -take," t.c, take back.
B "adultery" lit. "abominable act"

9 " proof " lit. " evidences, " " demonstrations."

10 " admissible " ht. " acceptable,' 3 %.c, legally taken notico of.

11 " deduced " or " inferred."

is " the actual performance of the said act " : the phrase is literally " from the
state of performing (or doing) tho said act " . it means from being found in tho actual
performance of the act i.e., flagrante (fchclo.

™ " further " lit. "also."

14 "presence m" lit. "being found in."

16 " harim " : tins has strictly a wider meaning than " harem " : " harirn " includes
the precincts, interior and particularly the private apartments of a house. " Harem "
ordinarily moans the women's apartmonta. Nicolaides gives " ei't yvratriwirf r " ;
the French rendering is " dans lo harem."

w *' by mm" lit. " on his port."

17 " operation " lit. " offcet."

18 " depends " ht. " hangs."

lv " pzx>coodxngs for honour" ht. "an honour action" or "an honour prosecu-
tion.''

20 " Regulations " or " Laws " (vide note 2 to Art. 15)

21 " apply as heretofore," i.e., " continue to apply " lit. " having to be curi'ont as
heretofore."

12 "this" lit. "it," i.e., this Article.

m "them." Ut. " that," i.e., the Police Regulations. Tho phraso literally rune "it
has absolutely no comprisal of that."

OTTOMAN PENAL CODE. 155

M "in the habit of committing" lit. ''habituated to" or *' accustomed to."

s& " whose," i.e.., by the husband.

26 " taking," i.e., taking from him.

The following is a resume of a Vizferial letter dated Scfor, 1270 (August-Sept., 1859),
No. 71, with reference to punishments to be inflicted by the Police in ordinary eases
upon porsons discovered in the commission of the offoneo of unlawful sexual inter-
course.

(a) in the case of the male offenders imprisonment for from forty-eight hours to
ono month, according to the gravity of the offence, thero being taken into consideration
aggravating circumstances such as (1) the olfeuee having been committed in places
within view of respectable people, (2) tho offence having boon the cause of uproar,
quarrels or disturbance of public tranquillity and decency, (*J) the repetition of the
offence.

(b) Xn the case of the female offenders imprisonment for half that awarded to the
males.

(c) In the case of persons discovered in the commission of the offence in the house
of another person the male offender is punished with imprisonment for from one week
to three months or with exile for from three months do six months ; and the female
offender with imprisonment fur aiioh period not exceeding one month as shall be deter-
mined on petition made by her guardian.

The above addendum of 3 Jcmazi'ul-Akhir, 1277, was
repealed and re-issued in an amended form on 6 Jcmazi'ul-
Akhir, 1329 (4 June, 1911). The following is the text of the
new addendum : —

The taking of proceedings against a woman in respect
of adultery 1 committed by her voluntarily 2 with another
individual depends, if matrimony is existent between them 3
or until the end of four months from the taking place of
divorce, on a complaint being made by her husband 4 or
by her guardian if she has no husband ; and upon such
complaint 5 the woman who it is proved has committed
adultery is punished with, imprisonment for from three
months to two years.

The individual too who is the partner of the woman in
this act is imprisoned for from three months to two years
if he is married or for from one month to one. year if lie is
unmarried. Apart from this a fine of from five Ottoman
gold pieces 7 to one hundred Ottoman gold pieces is taken
from him. The proof 8 which may be admissible in this respect
can be deduced 9 from being found in the state of performing
the said act or in 10 the harim 11 of a Mussulman, or from letters
or papers written by him. 12 Provided that if, ei titer before
or after sentence, the husband or guardian desists from
prosecuting or the husband takes again his wife, the right
to proceed and the punishment drop both as regards the
wife and the accomplice ; and if the complainant dies during
the enquiries and trial, likewise no proceedings are taken
as regards the others.

156 OTTOMAN PENAL CODE.

A husband the commission by whom of the hideous act
of adultery with a woman in a house wherein he is residing
with his wife is proved 6 on complaint made by his wife is
punished with imprisonment for from three months to two
years and by taking a fine of from five Ottoman gold pieces
to one hundred Ottoman gold pieces. 7

To the new addendum the following notes may be addwd : —
1 " adultery " lit. Vi abominable act " (vide note 2 to Art. 197).

I "voluntarily" or "with acquiescence."

3 " is existent between them," i.e., is still existing between the String wife and
hor husband.

* *' on a- complaint being made by her husband " lit. " on tho complaint of her
husband."

6 "upon such complaint" lit. "upon the complaint taken place."

• " is proved " lit. " beoomos certain. "

7 " Ottoman gold pieces," i.e., Turkish Liras— 18s each.

8 " proof " lit. " evidences," " demonstrations."

9 " deduced " or " inferred."

" "or in," t.e.. " or being found in."

II " harim " (vide note 15 in addendum of 3 JemazTul -Akhir, 1277, to Art. 201).
" "by him" lit. "on his part."

Art. 202. A — The person who dares to commit the abomin-
able act 2 publicly contrary to modesty and sense of shame
is imprisoned for from three months to one year and a fine
of from one Mejidieh gold piece to ten Mejidieh gold pieces
is taken. 3

Art. 202 Notes.— 1 Compare Art. 330 of tho French Code Pinal :— " Toute per-
forms qui aura com mis mi outrage public a la pudcur, sera puni d'un ernprinonne-
ment de trois mois a im an, et d'une amendo de seize francs a deux cents
francs."

8 "the abominable act" (vide note 2 to Art, 197).

3 "taken," i.e., from the offender.

Art. 202 was amended by an addendum dated 3 Jemazi'ul-
Akhir, 1277 (17 December, 1860), the text of which is as
follows : —

Those 1 who address impertinent innuendos to young
persons either males or females 2 arc imprisoned for from
one week to one month and those who act outrageously
with their hands 3 for from one month to three months.

Those who in female attire enter places which are the
abode 4 of women are, for this act alone, imprisoned for
from three months to one year and if after their so entering
in disguise they have set themselves to do a Jinayet or
Junha 5 legally necessitating a more severe punishment than
this punishment they are punished with the punishment
for such act. 6

OTTOMAN PENAL CODE. 157

To this addendum may be added the following notes ; —

1 The above addendum may be found in Djiz-i-Kav, p. 986 ; Nioolaides, Ott. Cod.,
pp. 2486, 2487 ; Young, Corps do Droit Ott., Vol. VII", p. 40 j Arietarohi, II, pp. 271,
272 ; Walpole, pp. 87, 88 ; Kwakuch Sarkis, p. 119-

* " those who address importinent inmicndos to young persons either males or
fcmalca " lit. " those who lanco words at young persons from amongst males or
females. 11 Nicolaides translates the passage l m fcmv&itvovrkc Affiftvevc **y>(>«<TMc #/>&$
via$ i) veofi; " : the Kreneh rendering is " Conx qui auront adresse dos propos indicants
a des jennos gens do l'an ou do Pautre sexo."

3 " act outrageously with their bauds " lit. " (those who do acts of outrage with
their hands." " Outrage " may hero bo also translated as " violence " but it means
" indecent touching.' 1 Nicolaidoa translates the passage " at $' iittfi&Xovtec x e, 9 a
It' airrittv " '■ the French tendering is " les individus qui auront portt; la main sur
leur personne " and this well conveys the meaning."

* " abode M or w sojourn,' 1 also '* habitation," " station," " seat."

* " if after their so entering in disguise thoy hove set themselves to do a Jinny et
or Junha " lit. " if their having so entered in disguise has set itself to (sie ! there is
some grammatical or printing error here in the Destur) a Jinayet or Junha." From
other Turkish texts of this addendum (e.g., Qavanin-i-jezaiyeh Mejinuasi, p. 00 and
Karakoch Sarkis, p. 120) it would appear that this passage should be translated " and
if at the place where thoy have so ontorsd in disguise they havo sot thcmsolvos to do
a Jinayet or Junha M : and this is no doubt the proper reading,

" such act," i.e., such Jinayet or Junha.

The addendum given above was revised and re-issued on
6 Jemazi'ul-Akhir, 1329 (4 December, 1911). This revised
addendum is identical with the original with the exception
that in the revised addendum the words " to females or to
young persons of the male sex " replace the words " to young
persons either males or females M which appeared in the
original addendum. Tt has therefore not been thought
necessary to reproduce the. revised addendum in full. The
Turkish text may be found in Karakoch Sarkis, p. 119.

A further addendum (No. 2) to Art- 202 was made on
the same date, 6 Jemazful-Akhir, 1329 (4 June, 1911), of
which the text is as follows : —

If, with the intention of committing 1 obscenities 2 contrary
to public decency, 3 women are made 4 to dance in open places,
or in semi-open places such as vineyards and gardens which
the people may easily become aware of, the persons who
make them 5 dance and the women who voluntarily so 6
dance are punished with imprisonment for from one month
to one year. 7

To which may bo addod the following notes : —

2 " committing " lit. "doing," " performing."

* " obscenities," i.e., indecent behaviour.

3 " decency " or 4t morals."

* " made," i.e., " engaged."

a " them," this is inserted in the translation for elarity.

* ** so " ; as in note 5 above.

7 The text of this addendum may be found in Karakoch Surkis, p. 120.

158 OTTOMAN PENAL CODE.

PART IV.

The shameful act 1 of imprisoning 2 or detaining 3 persons

contrary to rule, 4 of stealino infants or muraiiiqs 5

ak3> of abduction of girls,

Part IV Notes. — 1 "shameful »wt" or " ignominy/' " infamy."
5 " imprisoning *' or u confining."

* " detaining " or " arresting."

* " nil© " or "system."

* * murahiqs,*' i.e., young persons on the verge of puberty. For full explanation
vide note 1 to Art. 40 suprd.

Art. 203. 1 - — Any person, whoever he may be, who without
the order 2 of the officials of the Government 3 imprisons 4
or detains* an individual contrary to the rules 6 prescribed
by the laws and regulations with regard to the detention 5
of guilty persons 7 or koeps an individual 8 as a hostage 9 is
punished with imprisonment for from six months to three
years. The person too who knowingly provides 10 place for
concealing the persons imprisoned 4 or detained* or kept as
a hostage 11 in this way is likewise imprisoned for from three
months to three years.

Art. 203 Ntnus. — "Compare Art. 341 of the French Codo Penal: — " Seront
punis de la peine des travaux forces A temps, eeux qui, sans ordro des autorites con-
stitutes et liors le cas oil la loi ordoime do saisit dew prcvemis, auront arrete, detenu
ou st'questro des pOrsannCS quelconques : — Quicunque aura proto un liou pour axdentor
la detention on sequestration, subira la meme peine."

5 " order " or iC authority.'*

a "officials of the Government " : it moans "Government authorities."

* " imprisons " or '* confines.**

6 " detains " or " arrests."

* " contrary to tho rules " lib. " outside tho rules.*' Nicolaides translates tho phrase

*' iKTOQ TIW (ilCITI'TtiitrTfUIV.

* "guilty persons" or "offenders" Jit. "men of guilt," or "men o£ offence."
8 " an individual " : these words are inserted for clarity in tho translation.

* "asa hostage" lit. "by way of pkxlge."

10 "provides" lit. "shows.*'

11 "kept as a hostage'* (vide not© 9 suprd).

Art. 204. 1 — Tf a person dares to commit the offence of
detaining 2 individuals mentioned in the preceding Article
by assuming 3 the guise 4 or appearance 5 of an official of State
or by giving 8 a fictitious name or by producing 7 a fictitious
order from officials 8 the punishment of temporary kyurek
is carried out with regard to him.

Likewise if the person detained 2 has been intimidated 9
with death or bodily torment 10 or torture has been inflicted
on him 11 the person who has dared to do this incurs 13 the
punishment of temporary kyurek in every case. 13

OTTOMAN PENAL CODE. 159

Art. 204 Notes.— l Compare Art. 344 of the French Code Penal: — "Dans
chacun des deux c&s suiv&nts i — Si l'arrestation n et& oxeeut6o aveo le faux costume,
sous un faux nom, ou but un faux ordre de Fautorito pabliquc : — Si l'individu arrete,
detenu ou sequestre, a et*3 menace de la murk, — l*es coupahtes seroiif; putiis des travaux
forces u perpMuite. Mais la peine sera eellc de la mort, si les persormes acre tees, dotenues
uu scquestrees, out ot<5 soumises o des tortures corporclles." (Loi, 23 Avril, 1832.)

s " detaining " or " arresting."

8 " assuming " lit. "entering'* or "going into."

* " guiso " or " garb."

* " appearance " or " form," " dress," " costume.'* The phrase is translated by
Nicolaides thus •' 7r€p>t$\y$ii>; tifnun y rtr"X»)»' " i.e., " having donned the dress or
uniform "

* "giving" lit. "saying."

1 " producing " lit. " showing."

8 " officials," i.e., Government officials or Covcrnmonfc authorities.

* " intimidated ** or " menaced," "threatened."
" " bodily torment " or " bodily ill-treatment."

11 M inflietod on him " lit. " done with regard to him."

11 " incurs " lit. " becomes deserving of.'*

13 "in every case": in the senso of "invariably."

Art. 205. * — Those who dare infamies such as changing
an infant by putting another one in its place or representing
a child as having been born from a woman who has not
given birth to it are imprisoned for from six months to three
years.

The person too who steals or effects the disappearance
of a a child is likewise punished with imprisonment for from
six months to three years provided that if he does not bring
out the infant into view 3 during this period 1 lie is not liberated
from prison unless he brings 5 the infant or unless the death
of the infant is proved. 6

Art. 205 Notes. — * Compare Art. 345 of the French Code Penal ; — " Les cou-
pabk's d 'enlevement, de recele ou de suppression d*un enfant, de substitution d'un
enfant a un autre, ou do supposition d'un enfant a uno fommo qui no eora pas accoucheo,
serout punis de la reclusion : — -La memo peine aura lieu centre ceux qui, etant charges
d'un enfant, ne le representoront point airx porsonnes qui ont le droit de le reclamer."

* " effects the disappearance of" Jit. "makes lost."

s "bring out . into view," i.e., "produce" or "discover."
4 ** this period," i.e., the period of his imprisonment.

* *' brings," i.e., produces.

* tl is proved " lit. " becomes certain."

Art. 206. 1 — Whoever, by force or fraud, carries away 2
a child who has not attained the age of puberty 3 is imprisoned
for from three months to one year ; and if the child thus 4
carried away is a girl who has not attained the limit of
puberty 5 the abducting person 6 is placed in kyurek tempo-
rarily ; and if the abominable act 7 has been committed
on 8 the abducted girl 9 the maximum 10 of the punishment
provided 11 for that act is inflicted on 12 those who have

160 OTTOMAN PENAL CODE

perpetrated this, and, if marriage has taken place in the case
in which a girl is carried away, action is taken according
to the requirement of the Slier' in the matter. 18

Art. 206 Notks.— 1 Compare Arts. 354. 300, 350 and 307 of the French Code Fenal :—

Art. 354. " Quioonque aura, par fraude ou violence, enleve ou fait enlever doa
xnineurs, ou les aura entrain^s, detourncs ou deplaces ou les aura fait entrainer,
detourncr cu deplauer deu lieux ui*l ila etaient mis par coux a l'autorite ou a la direction
desquels ils etaient soumis ou conties, subixa la peine de la reclusion."

Art. 355. " Si la poraonne ain3i onlovcc ou dctonmeo est uno Mile au-dcssous do
seite ans accomplis. la peine sera celles dea travaux forces a temps.'

Art. 350. " Quand la lillo au-dossous de soizc ans aurait eonxenti a son enlevement
ou suivi volontairernoub lo ravisseur, si colui-ci 6tait mojour do vingt-un ans ou
au-dessus, U sera condamne aux travaux forces a temps. Si !e ravisseur n'avait pas
encore vingt-un ans, il sera puni d'un omprisoiinement de deux a cinq ans.**

Art. 367. M Dans ley cae oi\ Jo ravisseur aurait epouso lo fill© qu'il a enlovo, il no
pourra etre poursuivi quo sur la plainie des personnes qui, d'apres le Code Civil, out
la droit dft demanrier la mmito rln manage ni roiidamne qu'apr&i que la nullity flu
ma] i. i- '.''; aura «Ste prononceo."

a "carries away" or " runs away with somewhere." i-e , "abducts."

3 " child who has not attained the age of puberty " : it means " who ha<* not attained
tho ago of thirteen years " (vide noto 1 to Art. 197).

* " thus " lit. " in this manner."

* " who has not. attained the limit, of puberty " lit. " who has not attained the point
(or border) of puberty." lb means ' who has not attained the age of thirteen years "
just as in note 3 q.v.

* " the abducting person *' lit. " the person who carries away." 1
7 " the abominable act " {vide noto 2 to Art. 197).

■ "committed on" lit. "carried out (or 'done') with regard to."

* "abducted girl" lit. "the girl carried ft way."
lt "maximum" lit. "the extreme degree."

11 "provided" or "fixed," "prescribed."

18 "inflicted on" lit. "carried out with regard to."

18 "action is talton according to the requirement of the Sher' in the matter" Ht.
" action is taken aCOOtding to the Sher' requiremeni thereof." This means, according
to tho commentator Reshad, the handing over of the girl to tho man to whom she has
boon married and the consequent acquittal of tho abductor ; provided always that
the admission by tho sirl of tho fact of marriage mu^l not bo the result of compulsion
exercised on her, and, also, that the girl has not been married to the man by force
against her will. It the girl is non-Moslem and if the question of and the marriage
are disputed then the matter is dealt with in accordance with tho rules and rites of
the religion to which the girl belongs.

Art. 206 was amplified by an addendum dated 3 JeniazFul-
Akhir, 1277 (17 December, 1860), of which the text is as
follows : —

Whoever 1 forcibly removes 2 and carries away a female
who has attained puberty 3 is imprisoned for from three
months to three years but if she has a husband the abducting
person* is placed in kyurek temporarily.

Whoever assists the man carrying away a female who
has attained puberty 3 or a female who has not attained
puberty 5 in the affair of her forcible removal 6 and carrying
away, is imprisoned for from one month to six months.

OTTOMAN PENAL CODE. 161

To this addendum may be added fcho following notes : —

1 The text of this addendum may be found in Nicolaidea, Ott. Cod., p. 248S ; Aristar-
chi, II, p. 272; Young, Corps du Droit Ott., VIT, pp. 41, 42 ; Walpola, pp. 90, 9J.
1 " removes " lit. " tokos up."

* " attained puberty " ; it means Bi has attained the age of thirteen years " (vide
nntfl 5 to Art. 206).

* " abducting person " {vide note 6 to Art. 206).

* " who has not attained puberty " : it means who has not attained the aye of thirteen
years

fl " removal " lit. " talcing up."

Art. 206 and the addendum of 3 Jemazi'ul-Akhir, 1277,
were repealed and a new Article was issued on 6 Jemazi'ul-
Akhir, 1329 (4 June, 1911). The text of this new Article
is as follows : —

Whoever by force or fraud carries away 1 a person whether
of the male or female sex, is punished in manner following 2 : —

If the person carried away 1 is of the male sex and has
not completed the age of fifteen years the offender 3 is im-
prisoned for from one year to three years. If the child in
this manner carried away is of the female sex the offender 3
is put in kynrek temporarily, and if the abominable act 4
has taken place punishment of kyurek for not less than ten
years is awarded to him. 5

If the person whether of the male or female sex carried
away 1 has completed the age of fifteen years the offender 3
is imprisoned for from two years to three years.

If marriage has taken place with regard to the girl carried
away 1 and the girl too has completed the age of fifteen years
the case 6 for general rights 7 lapses 8 by her desistancc, or
by that 9 of her guardian if she 10 has not completed that
age, 11 from proceeding. 12

If the woman carried away 1 has a husband or if the
abominable act' 1 has taken place the offender 13 is placed
in kyurek for not less than five years.

If the person carried away 1 has been, within forty-eight
hours at the most and without &ny aggression of any kind
having taken place, spontaneously left at some safe place
whence it is possible for him 14 to be taken by his 15 family
the punishment is imprisonment for from one month to ono
year.

To the new Article fcho following notes may ho apponrlftd : —
1 " carrio.3 away " j ens in noto 2 to original Art. 206.
■ "in manner following" lit. "in maimer below."
8 "offender" lit. "perpetrator."

* "abominable act " (vide noto 2 to Art. 197).

* " to him " lit. H with regard to him.™

* " case," i.e., in tho sense of " prosecution," " claim."

N

162 OTTOMAN PENAL CODE.

* ' general rights " : ib means by civil as opposed to criminal process.
8 "lapses" lit. "drops," "falls down."

* " that," i.e., desistance.

10 "she," i.e., the girl carried away.

11 " that age " lit. " it," i.e., the age of fifteen yoars.
ia " proceeding " or '* prosecuting."

" " offender" lit. " pcrpotrator. 1 *
14 " him " or " her."
i* "his" or "her."

PART V.

The punishment fob persons who give false testimony 1
and who swear falsely. 2

Patit V Notes. — * " who givo falso testimony " lit. M who do falso witnessing."

* "swear falsely," i.e., *' commit perjury."

Art. 207. l — The individual who gives false evidence 2
either in favour of or against a person who is accused 3 of
matters relating to Jimiyets is placed in kyurek temporarily
after public exposal ; and if the person who has been accused
by an imputation of Jinayets has by such 4 false evidence
undergone 6 a more severe 6 punishment than the punishment
of temporary kyurek this same punishment is carried out 7
with regard to the false witness too.

Aitr. 207 Notes. — •' Compnro Art. IJ(>1 of the French Code Ponal : — " Qniconquo
sera eoupable de faux le'tnoiguage en niatiere erimuielle, soifc contro l'accus6, soit
«n sa favour, sera puni de la peine flea travail x forces a temps. Si neanmoins l'nccuso
a 6fc6 condami»6s a. uno poinc plua forte quo coll© dog trnvaux forces a temps, lo faux
temoin qui a depose* centre Iui subira la meme peine.'

* "gives false evidence" lit. "does false witnessing."
8 " accused " or " suspoctcd " or 'guilty."

* "such" lit. "his," i.e., of the false witness."
6 "undergone" or "suffered."

6 " severe " lit. " vigorous "

' " this sami* punishment is carried out'" lit. "this punishment in its exactitude
is carried out."

Art. 208. 1 The individual who likewise gives false evi-
dence 2 either in favour of or against those who are accused 3
of matters relating to Jnnhas or Qabahats is imprisoned
for from one month to five months.

Art. 20S Notes. — l Compare An. 362 of the "French Code Penal I — " Quiconquo
•'■■T.i coupoblo do faux tomoignage en matiere correct ionnelle, soit contre lo prevenu,
soit en sa faveur, sera puni de la reclusion. Quiconquc sora coupablc do faux tcmoignagc
on matiere do police, soit centre If pre* venu, soit on sa faveur, sera puni de la degradation
civique ct de Ia peine de remprisonnement pour un on au xnoins ct cinq ans au plus."
(i.oi, 28 Avril, 18112.)

a "gives false evidence" (vide note 2 to Art. 207).

8 " accused " {vide not© 3 to Art. 207).

OTTOMAN PENAL CODE. 163

Art. 209. 1 — The individual who commits tho offence of
giving false evidence 2 in civil actions 3 is imprisoned for from
six months to one year.

Art. 209 Notes. — 1 Compare Art. 363 of the French Code Penal ; — " L© coupaUo
de faux temoignago en matiore civile, sera puni do la peine do la reclusion." (Loi,
28 Avril, 1832).

1 ** false evidence " ; as in note 1 to Art. 207.

* " civil actions " Jifc. '* ordinary actions." Nlcolaides translates " Inl 7io\irtKi)<;
^t*c»7c ** arid the French rendering is " en matiere civile."

Art. 210. 1 — Tf the individual committing the offence of
giving false evidence 2 has received money for doing so 3
then 4 with regard to the receiver and giver the punishments
for Murteshis 6 and Rashis 6 are carried out, a sum equal to 7
the money which has changed hands 8 being also taken. 9

Art, 210 Notks. — 'Compare Art. 307 of the French Code Penal: — " Lo faux
temoln en matiere correetionello ou civile, qui aura recu de P argent, uiie recompense
quelconque ou des promesses, sera puni des trovaus forces a temps : — Le faux temoin
en matiere de police qui aura recu do Turgent, uno recompense quel con que ou des pro-
met&ect, eera puni de la reclusion. Dans tous les eae, ce quo le faux tomoin aura recu
eora confisque." (Loi, 28 Avril, 1832.)

* " false evidence * ; as m note 2 to Art. 207.

3 " for doing so " lit. " for this purpose " or " in respect of this."

* *' then " : the word is not in tho Turkish text but is here inserted for clarity.

4 " Murteshi." i.e.. the " bribed 91 (vide note 15 to Art, 67).

* " Kashi," i.e., the " briber " (vide note 16 to Art. (57).

7 " a sum equal to" lit. " as much apoin as.'*

8 "which has changed hands" lit. " eivon over to one another."

8 *' taken." The meaning of the Article is that both receiver and giver of the bribe
ore punished with the penalties laid down for bribery ividc Arts. 67-81) : whilst in
addition the receiver of the bribe is fined an amount equal to that of the bribe received.

Art. 21 L 1 — With regard to the person who prevents
forcibly 2 men oF true and upright evidence from giving
evidence or who causes compulsorily false evidence to be
given 4 the legal punishment accruing according to the gravity 5
of the offence of the false witnesses is inflicted. 6

Art. 211 Notes-- - 1 Compare Art. *S6o of tho French Codo Vonal : — ** Lo coupabl©
de subornation de tomoins sera passible des memos pcines que le faux tejiioiii, selon
lea distinctions contenues dans les articles precedents" (Loi, 28 Avril, 1832.)

2 " forcibly " or "against one's will" or " against one's wish."
8 "men of" or " men possessed of," lit. *' possessors of."

4 ** causes forcibly false evidence to be given," lit. " forcibly makes false witnessing
to bo done."

* "gravity" lit. "degree."

* " inflicted " lit. " carried out."

Art. 212. 1 — The person who on oath becoming incumbent
on a him in civil actions 3 swears falsely 4 is punished with
the punishment of imprisonment for not less than six months
after public exposal.

N2

164 OTTOMAN PENAL CODE.

ABED. 212 Notes.— x Compare Art. 366 of the French Codo P6nal :— " Celui a
qui ie serment aura 6te detere ou referee* en rnaticre civile, et qui aura fait un faux
serment, sera puni de le degradation civique."

* " becoming incuinhent on " or " accruing to," " befalling to." Nicolaiues trans-
lates the passage thus " sir tqv ivi jroAiror»/c d'(Kij<; ^tvdiog ofiorravra rbv LiraxSkiTa iipjeov

* " in civil actions " lit. " in actions as to rights " ; for the Greek (vide note 2 above).

* " swears falsely " li*. " makes false swearing."

PART VI.

Sets forth calumny, vituperation and divulgenoe of

SECRETS.

Art. 21 3. l - If a person imputes 2 against 3 a man by word
of mouth 4 at an assembly or by posting up 5 or publishing 3
manuscript or printed papers an offence which would, if
really 7 committed by him, call for 8 legal punishment or 9
things which would cause 10 the aversion 11 of the people
or spitefully 12 dares 13 to make slanders 14 against 15 officials
of the State 16 and it is proved 17 that these imputations of 18
the aforesaid person are a slander, 19 exactly the same punish-
ment as would by law accrue to the perpetrator of the matter
imputed is inflicted on the slanderer 20 ; but the reporting of 21
occurrences to the Government according to law and regulation
or the claiming of rights 22 arc excepted from this rule.

Art. 213 Notes.— ' Compare Art. 367 (repealed on 17 May, 1810.) and Art. 373
of the French Code Fecial : —

Art. 367. " Sera coupabla du d^Iit de calomnie eehii qui, aoit dans les Home ou
reunions publics, soit dans un acto authontique ©t public, soifc dans un 6orit imprint©
ou 11011 qui aura otv thflivhti, vendu ou distribue aura impute a un individu quelconquo
des fairs qui, s'ils evistaient, exposeraient eehii contro loquel Us sont artieules a des
poursuitcs oriminollca ou correctionollea, ou mouio Pexposoraient fieuloment au nicpris
ou a la. haino des citoyuns. La present© disposition n'est point applicable OQX fails
dont la loi autorise !a publicity ni a. ceux que l'auteur de ^imputation etait, par la
nature do sos fonctiont, ou do ses devoirs, oblige do reveler ou de reprimer.*'

But the punishments under the French Codo Penal were differently graded (Art.
371) and other Articles defined with some precision the nature of the offence created
by the Article and the circumstances under which it was punishable (Arts. 368-370).

Art. 373. " Quiconquo aura fait par £crit une denoticiation calumnious© contre un
ou plusieurs individus, aux officiers de justice ou de police administrative Ou judieiaire,
eera puni d'un emprigonnement d ; un mois a un an, ot d'uno amende de cent franca
a trois millcs francs. "

Li the French Code Penal as it originally stood the expression " calomnie " was
not defined ; but the word war deleted in the amending Law of 17 May, 1819, and
new expressions " diffamation " and " injuro " are thore used which ore defined in
Art. 13 of that Law thus : " Toute allegation on itnpul ation d'un fait qui porte
r'Imh! ■ a 1'honrieur on la consideration da la personne, ou chi corps a\iquel to fait est
impute, est une diffomation."

OTTOMAN PENAL CODE. 165

" Touto expression outragoanbo, termo do mepris ou invective, qui ne renferme
■'imputation d'auoum fait, est une injure."

The expression ' calomnio " in tho original French Code Penal was, though not
specifically defined, restricted by the context of the Articles immediately succeeding
that (Art 367) in which it first- oeeurs to " une imputation a J'appui de laquelle aucune
preuve authontiqu© n© pouvait otro rapportoe, bion que lo fait impute fut vrai efc
notoire."

3 "imputes" or "ascribes."

8 " against " lit. " to."

1 "word of mouth " lit. "speech" or "language"

5 "posting up" or "placarding.*

6 "publishing" or "circulating," " disseminating."

7 "really" lit. " truly," i.e., "in fact."

9 "call for" lit. "invite."

• " or " : here must bo read in " imputes " after w or."

10 "cause" or "necessitate," ' occasion."

11 "aversion" or "loathing."

" " spitefully " or " with a aollish ond."

13 " dares " or " sets himself," " attempts."

14 "slanders" or " calumnies."

" "against" lit. "with regard to."

" "officials of the State" lit. "State officials."

17 "is proved" lit. " becomes manifest."

" "of," i.e, "made by."

10 "slander" or "calumny."

20 " exactly the same punishment as would by law accrue to tho perpetrator of
the matter imputed is indicted on the slandorcr " lit-. " the punishment which would
legally accrue to tho doer of the matter imputed is carried out with regard to the
slanderer (or 'calumniator') in its exactitude."

81 " tho reporting of " lit " to notify," " to #ive information of."

M " tho claiming of rights " lit. '* to claim rights," i.e., by legal process.

Art. 213 was repealed and a new Article was issued on
6 Jemaz.i'ul-Akhir, 1329 (4 June, 1911). The text of the
new Article is as follows : —

Whoever spitefully imputes an offence against 1 a person,
whom he knows is without guilt, by giving a written 2
information or complaint to the judicial authorities 3 or to
an official who is obliged to commit the matter to the judicial
department, 4 or fabricates against that person the material
indications 5 and proofs of an offence like this, is imprisoned
for from one week to three years according to the nature
of the offence he has imputed and the degree of the strength
of the materia] evidence 6 and proofs he has fabricated.

Where the offence imputed renders deterrent punishment
necessary the punishment of temporary kyurek is awarded
with regard to the slanderer, 7 likewise according to the
importance of the material evidence 6 and proofs and con-
sidering the occurrence of any circumstance 8 limiting the
personal freedom of the person against whom the slander 9
is made — such as his detention on account of imputations

166 OTTOMAN PENAL CODE.

taken place ; and if a judgment comprising a conviction
of Jinayet has issued with regard to the person against whom
the slander 9 is made, punishment of temporary kyurek for
not less than ten years is ordered with regard to the slanderer. 7
If the perpetrator 10 of the offence stated in the above para-
graphs withdraws 11 from the imputation taken place or
confesses the fabrication before the carrying out of legal
proceedings with regard to the person against whom slander
is made, the one-sixth of the above written punishments
is ordered, and if the withdrawal from the imputation taken
place or the confession of the fabrication takes place after
legal proceedings have been commenced in respect of the
matter of slander 12 as much as two-thirds of the original
punishment is deducted.

To the new Article the following notes may be added : —

1 " against " lit. " to."

8 "a written" lit, * a letter of."

9 " authorities *' or "power."

* " department " lit. " quarter."

5 " indications " lit. u marks/' " traces," "vestiges."

* " evidence " or " evident proofs."

7 "slanderer" or " calumniator."

' M circumstance " lit. " predicament," " condition."
"slander" or *' calumny."
xo " perpetrator '* or " author," lit. " doer."

11 *' withdraws " or " recedes."

12 M in respect of the matter of slander " lit. " on account of the matter in respect
of which the calumny is made."

Art. 214. 1 — If a person utters 2 defamatory words with
regard to or reviles another person not by imputing a par-
ticular 3 matter but by ascribing some vice 4 or otherwise, 5
he is imprisoned for from twenty-four hours to one month
or in substitution therefor a fine of from half a Mejidich
gold piece to three Mcjidieh gold pieces is taken.

Art. 214 Noams. — * Compare Art 375 (repealed on 17 May, 1319.) and Art. 376
of the French Code Pena! : — Art. 375. " Quant aux injures on aux expressions
outrageantos Q,ui nc renfermeraient I'imp utation d'aucun fait pr6cis, mais cello d'uno
vice determine, si ©lies out ete proferues dans des lieux ou reunions publics, ou inserees
dans des 6erites impriraes ou n^n, qui amaierii £t.A r^pandus ou distribues, la peine
sera d'uno amende dc s^izo francs a cinq cents francs."

Art. 370. " Toutes autres injures ou expressions outrageautes qui n'auront pas
eu ce double caractero de gravity ne donneront lieu qui'a des poines de simple
police.'*

2 " utters " lit. " Kays.'*

8 "particular" or "special, 1 ' " specinc-"

* '* ascribing some vice " lit ; ' by ascribing something from among vices. ' " Vioos "
or " blemishes," " faults."

* "or othorwiso," i.e., "or in some other way " ; alternative to " ascribing some
vice."

OTTOMAN PENAL CODE. 167

Art. 214 was repealed and re-issued on 6 Jemazrul-Akhir,
1329 (4 June, 1911). The text of the new Article reads as
follows : —

Whoever commits disparagement of 1 another person by
imputations ascribing 2 a particular 3 offence or stating a
particular 3 matter not forming an offence, calculated to*
expose him to the contempt 5 or enmity of the people or to
break his honour or reputation, 6 he is imprisoned for from
two months to one year.

It is a condition that disparagement in order to necessitate
punishment should take place in one of the ways shown
below : —

Firstly : it must be public, in the presence of the person
attacked, 7 in an assembly or in a place where other persons
would be able to hear.

Secondly : it must be made in the absence of the person
attacked 7 but by holding communication with a good many
persons collected together or separated.

Thirdly : it must take place by writing, drawing, croquis 8
or caricature published or exhibited to the public or dis-
tributed to a party 10 of persons, or by open letter or postcard
sent directly to the person attacked. 7

Fourthly : it must be committed 11 by 12 daily or periodical
journals or pamphlets of all sorts 13 or by 12 printings and
means of publication of all sorts. 13

If legal proceedings have been taken against the person,
who has been subjected to attack 14 by disparagement, in
respect of the matter forming 15 the subject of the disparage-
ment and it is proved 16 that the offending person 17 has made
imputations knowingly 18 that the person attacked 7 is guilt-
less 19 the disparagement changes into 20 slander and the
tenor of the Article of the law with regard to slander is
conformed with.

If the person committing the offence of disparagement
desires to prove the truth or notoriety of the act imputed
by him against 31 the person attacked 7 for the purpose of
proving himself 22 free from guilt this claim of his is not
admitted. 23 But if, however, the person attacked 7 is an
official of the State and the act imputed is connected with
the duty of his office or if 21 the subject of the disparagement,
against whatever person it may be, is a legal offence, the
claim to prove the truth thereof is admitted 23 and in such case
if the act imputed is proved or the person who is attacked 7

168 OTTOMAN PENAL CODE.

is convicted in consequence of such act 25 the punishment
for disparagement lapses 26 ; in the contrary case up to
as much as the maximum of the punishment can be
awarded.

Whoever commits the act of vituperation, by attacking
the honour or reputation or dignity 27 of a person in what-
soever way it may be, without ascribing 3 anj' particular
act, 28 is imprisoned for from fifteen days to six months, or,
in lieu of this, a fine of from five Liras to fifteen Liras is
taken.

It is a condition that the offence of vituperation, too,
be committed 11 in one of the four ways set forth with regard
to disparagement.

The claim which may take place on the part of the per-
petrator 29 of vituperation regarding the proving of the truth
of the imputations made 30 is absolutely rejected. 31 But if,
however, the subject of the vituperation is an offence under
the law the perpetrator 28 of the offence is at liberty to con-
vert this 32 into a case of 33 a special 34 matter by 35 designating
and specifying the same 36 ; and in that case no further pro-
ceedings can be taken concerning the vituperation, and the
provisions regarding 37 disparagement take effect 38 with
regard to it. 39

Even though the namo of the person attacked 7 may not
have been explicitly 40 mentioned or the imputations may
have been made in a dubious manner 41 in the commission
of the offences of disparagement or vituperation, the matter
will be treated as if both a name had been mentioned and
the imputations had been clearly stated, if there appear
signs 42 to such an extent 43 as to admit no doubt, 44 having
regard to the manner of the commission of the offence, as
to the true nature of the imputations and as to their reference
to the person of the plaintiff.

The individual who, apart from 45 disparagement or vitu-
peration, insults a person by word of mouth, 46 by act in his 47
presence or by a letter addressed to him or intended to be
brought to his knowledge or simply maligns 48 or makes
insults by some special sign or by some rude treatment, 49
is imprisoned for from twenty -four hours to one month, or
a fine up to as much as five Liras is taken.

If the person attacked 7 has by his own unjust action 50
provoked 51 the insult taken place or after being subjected
to insult he too has insulted in return or has accepted
an apology the Court can reduce by from one-third to

OTTOMAN PENAL CODE. 169

two-thirds or even remit 52 entirely the punishment of both or
only of one of the parties according to the requirement of
the case.

The taking of proceedings with regard to the offences
set forth in this Part 53 depends on the person attacked 7
instituting a personal action according to the rule ; but
nevertheless in cases other than those of slander the action
of general rights also lapses 26 by the plaintiff's desistance
from the action after having instituted the action.

The complainant can, together with instituting an action
and besides demanding the making good of the material
loss sustained by him in consequence of the offence com-
mitted against him 7 claim as much pecuniary compensation
as he may wish in return for the moral loss 54 as well, which
he thinks has been occasioned to him. The amount of this
compensation is assessed and awarded by the Court according
to the importance and violence of the offence and 55 the social
position of the person attacked. 7

In the cases in which the offence is proved and the punish-
ment lapses 26 the claim for compensation is rejected.

Those provisions of the Press Law dated 16 July, 1325 56
which are repugnant to these Articles aro repealed.

To the new Article 214 the following notes may be added :■ —

* "of" lit. "against."

I "ascribing" lit. "designating," "assigning."
3 " particular " or "specific."

* " calculated to": in the sense of "so as to."

6 "contempt" or "scorn," "insult.'*

* ;t reputation " or "credit."

7 "the person attacked" lit. "the person aggressed against."

* "oroquis " : this French word is used (transliterated of course) in the Turkish
text; " rough sketch " or " outline " would be a proper .translation.

* " caricature " : this French word is used, transliterated, in the Turkish text.
10 "party" or "sot."

II " committed " lit. " occasioned," " brought about."
u •■ by," i.e., " in."

13 "of all sort*/' i.e., "of any kind."

14 "attack" lit. "aggression.*'
10 " forming " lit. " which is."

18 "is proved" lit. "has becomo certain."

" "offending person" or "aggressor."

18 " knowingly," i.e., "with the knowledge."

lfl ' guiltless " lit. " without offence."

10 * changes into," t.e., " assumes the (more serious) character of."

" * the act imputed by him against " lit. " the act he imputed to,"

" ■' himself," i.e., " the slanderer."

« 'admitted" lit. "accepted."

14 ■- jf " ; t no word is inserted in the translation for clarity.

""in consequence of such act" lit. "on account of this."

""lapses" or "fails" lit. "falls through."

170 OTTOMAN PENAL CODE.

,7 '* dignity " or " consideration," " importance.'*
99 "act" lit. "matter."
19 " porpotrator " lit. "doer."
" "made" lit. "taken place."
31 " rejected " lit. " not accepted."

** '* this," i.e., the subject matter of tho vituperation.
88 "into a cose of" lit. "into tho stato of."
M " special " or " specific."
85 "by " lit. "by way of."
« "the wrao" Jit. "it."
■* " regarding " lit. " of."
** "take effect" lit. "run."

30 " j^ » . y lc subject mottor of tho disparagement.
40 "explicitly " or "clearly."

* l '* or the imputations may have be*m made in a dubious manner " lit. " or the
imputations taken place may have boon mode vogue."
42 "signs" or "indications," "probable proof."
•* "to such an extent" lit. " in such a degree."
** "doubt" lit. "hesitation."
« " apart, from " lit. " outside of."
** " word of mouth " ; as in note 4 to Art. 213.

47 " hie," i.e., of the insulted porson "

48 "maligna 1 ' lit. "gives loose rein to tho tongue."

49 " rude treatment " or " rough action."

*° " action " or " conduct."

M " provoked " lit. " given cause Cor."

•■ "remit" lit. "drop," "throw down," "throw out."

« " tins Part," i e.. Part VI.

» " loss » or " injury."

* 5 *' and " : this word is omitted in the Turkish text.

« " 16 July, 1325 "=28 July, 1909.

Art. 215. * — If physicians, surgeons, druggists, 2 midwives
or similar persons 8 divulge in cases, other than those in which
they are legally 1 bound to report, 6 the personal secrets which
have been committed 6 to them by virtue of 7 their profession,
they are imprisoned for from twenty-four hours to one
week and a fine of from one Mejidieh piece of twenty 8 to
one Mejidieh gold piece is taken. 9

Amt. 215 Notus. — ' Compare Art. 378 of tho Fi-onch Code Penal ; — " Le3 m6dicins,
cbtmrgbas et autre* offiuiers de gante, ainsi quo le-s pharmaciena, les sages foinmes,
ot toutes autres personnel depositaires, par Mat ou profession, des secrets crt'on leur
confio, qui, horn lo eas ou la loi los oblige a eo porter denonoiateurg, auront rovole cca
secrets, seronl punis d'un emprisouneinent d'uu moifl a six mois, et d'une amende
de cent francs A einq rent francs."

2 " druggists " or " chemists."

8 c similar persons" Jit. li persona the sinulars of these."

• "legally" or "by law."
6 " report " or "notify."

• " comraittod " - " entrusted."

' " hy virtue of " Jit. " according to " or " as a requirement of.*'

• "Mejidieh piece of twenty," i.e., one silver Mejidieh piece oi twenty piastres
equal to 30 Cyprus piastres (vide note 4 to original Art. 116).

• " taken/' i.e. P from the culprits.

OTTOMAN PENAL CODE. 171

PART VII.

Relates to Theft.

Pabt VII Notes.- -This Part of tho Ottoman Ponal Code closely follows Soc. 1
(Vols.) of Chapter II of the French Code Penal which is headed " Crimes et delits
centre log proprietes."

Theft ia defined by Art. 379 of tho French Cod© Penal thus : — : * Quiconque a
eoustrait frauduluusuiuout une chose qui ue lui appartient pas. est cuupablo <le vol."

Art. 216. 1 — If a husband and wife, when they are together
or when 2 they separate from 3 each other, take property
belonging to one another 4 ; or 5 children or other descendants
take the property of the father or mother or other relatives
who are ascendants ; or if 6 a father or mother or other rela-
tives who arc ascendants take the property of the children
or other descendants, the things which have been taken
are recovered 7 and given to the owner thereof ; and if the
property taken has been spent or consumed 8 and the taker
too is not able to make the same good and has made the
matter of stealing a habit he is punished with the punish-
ment of imprisonment ; and the persons from outside 9 who
act as receivers of 10 the articles 11 taken in this way 12 or use
all of them or some 13 of them for their own advantage are
punished simply as thieves. 14

Abt. 216 Notks. — l Compare Art. 380 of the French Code Penal:— "Lee sous-
tractions comruisos par des maris au prejudice do lours femmes, par des femmes au
prejudice do lours maris, par im veuf on une veuve quant aux choses qui avaient appar-
temies a l'epoux d&ced6, par dos enfants on autres descendants au prejudice de lours
peres ou meres ou autres ascendants, par des poms et meres ou uuties ascendants
au prejudice de Ieurs enfants on autres descendants, ou par des allies aux m ernes degres,
no pourront dormer liou qu'a des reparations civilos. A l*6gard do touu autres individua
qui auruient recolo ou applique a lour profit tout ou partie des objets voles, ils serout
punis comma counables do vol."

8 ll when " : the word is inserted in the translation.

' " separate from " or " leave " : the whole passage " when they are togothor or
when they separate from each other" might be loosely translated " whether living
together or soparotoly "

* " take property belonging to one another," f.e., " take the property of tho other."

* " or " ; the word '* if " should be understood here after the word " or."

* " if " ; thia word in inserted in tho translation for clarity.

* " recovered M lit. " taken back."

* "consumed '* or " used up," "annihilated."

* M from outside," i.e., not within tho relationship indicated.
» "of" lit. "as to."

11 " articles " or " goods."

11 " taken in this way," i.e., taken under the circumstances or relationship indicated
in the Article.
» " aomo " lit. "a quantity."
11 "simply as thieves" or "as ordinary thieves."

172 OTTOMAN PENAL CODE.

•

Art. 217. * — The punishment of theft accompanied by all
of the hereinafter mentioned five circumstances 2 is kyurek
in perpetuity. 3

The first of these circumstances is that of being night
time 4 ; the second is that of two or more persons being found
together 5 ; the third is that of these 6 or of even one from
among them being armed clandestinely 7 or openly ; the
fourth is that of entering a house or the appurtenances thereof
or a room thereof or in short 8 any 9 kind of place wherein
man resides 1 - by demolishing the wall thereof or by going
up over the wall thereof by a ladder or by breaking the door
thereof or by opening the lock thereof by an instrument
or by taking 11 the guise 12 and appearance 13 of a State official
or by producing 14 a fictitious order from officers 15 ; the
fifth is that of intimidating 10 by violent treatment 17 or the
display of arms. 18

Art. 217 Notes. — 'The Article may be compared with Art. 381 of the French
Code Penal : — " Seront punis des travaux forces a perpetuito les individus coupnblos
de vols commis aveo la reunion dca cinq citconstances suivantes : ! . Si lo vol a tH6
commis la nuit ; 2. S'il a 6te cuinmis par deux ou plusieurs personnes ; 3. Si les cou-
pables ou Tun d'eux etaient porleurs d'armes apparentes ou cacaoes ; 4. S'ils ont
commis le crime, »oit a I aide d'effraction exterieure, ou d' escalade, ou do fausses clefs,
dans une maison, appartement, chambro ou logement bobiteB on servant a 1' habitation,
ou leurs dopendances, soit en prenont le titro d'un fonctionnaire public ou d'un officior
civil ou milittiire, ou aprcs s otrc rcvotus do 1* uniform© ou do costume du foiiutioimairo
on de l'ofHcior, ou en alleguant un faux ordre de Tautorito civile ou militaire ; 5. S'ils
ont commis lo crimo avec violence ou menace de fairo usago do lour armea." (I*oi,
28 Avril, 1832.)

• " of theft, accompanied by all of the hereinafter mentioned five circumstances "
lit. " for thoft committed while all the live circumstances hereinbolow written are
accompanied," i.e., when the theft is committed under all the five circumstances.

3 " kyurok in perpetuity" (vide new Art. 217).

4 " night time " {vide note 3 to Art. 222).

6 " two or more persona being found together,'* i.e., when two or more poisons aro
associated.

• " these," i.e., '* theso persons."

7 * ' clandestinely " or ** secret^*," *' in visibly, *'

• " in short " or " Anally," " in one word."
9 " any " lit. " every."

" " resides" or "lives" lit. " aits."

11 "taking" lit. "entering."

12 "guise" ox " Rarb."

13 " appoaianco " or "form," "dress/' " costumo."
u " producing " lit. " showing."

16 " officers " ; the word in the Turkish text is *' zabitan " : it means " polio© or
military officers"; also ''chief or superior officers " or " commanding officers."
u "intimidating" or "threatening," "frightening."
i? "violent treatment" or "violence."
,a "arms" lit. "arm," "weapon."

Art. 217 was repealed and replaced by a new Article on
1 Ramazan, 1291 (11 October, 1874). The only (though

OTTOMAN PENAL CODE. 173

important) alteration was the addition of the words "or
temporarily for not less than fifteen years " after the words
" kyurek in perpetuity" It has therefore been thought
unnecessary to give the now Article in full. It may be found
in Dcstur, Vol. Ill, p. 158; Nicolaides, Ott. Cod., p. 2492;
Aristarchi, V, p. 73.

Art. 21 8. l — Those who commit theft accompanied by
the first and second of the fire circumstances set forth in
the preceding Article and with the exercise of compulsion 2
and violent treatment 3 are placed in kyurek temporarily ;
and if marks 4 of wounding have appeared 5 from the violent
treatment 3 which has taken place in such commission of
theft then 6 those who have dared to commit such theft are
placed in kyurek in perpetuity. 7

Art. 218 Notes. — l The Article may bo compared with Art. 382 of thft French
Code Venal : ■" Sera puni do la peine des travail x forces a temps, tout individu
coupable do vol comrnis a 1'aide do violence, et, de plus avec deux dos quatre premieres
circoiiatancc* prevuos par lo precedent article. Si momc la violence & l'aido do laquollo
le vol ti et(! eommifl Q laisso das traces de blessurcy ou do contusions, ecttc oircons lance
ftoule euilira pour que la peine des tmvaux forces a perpetuity soit prononeee." (Loi,
28 Aral, 1832.)

* " compulsion " or " force/* " constraint."
J "violent treatment" or "violence."

« "marks" or " sign 3 ," " traces."

* " appeared " or " occiuTed."

* " then " lit. " in that caro."

7 " kyurek iu perpetuity " {vulc new Art. 218 below).

Art. 218 was repealed and replaced by a new Article on
1 Ramazan, 1291 (11 October, 1874). The only alteration
was the addition of the words "or temporarily for not less
than fifteen years" after the words "kyurek in perpetuity."
It has therefore been thought unnecessary to give the new
Article in full. It mav be found in Desfcur, Vol. ITT, p. 78;
Nicolaides, Ott. Cod., p. 2493 ; Aristarchi, V, p. 73.

Art. 219. 1 — If several persons commit theft on a public
road by night 2 they are placed in kyurek in perpetuity. 3

Art. 21ft Notks. — * The Article may be compared with Art. 383 of the French
Code Penal : — " Les vols com mis sur les ohemins publics emporteront la peine des
tr&vaux forces a. perpetuity, lorsqu'ils auront 6to cormnia avec deux des circonstancoa
prevues dans 1' Art. 381. Tls emporteront la peine des travaux forces a tumps, lorsqu'ils
auront ete commie avoo une soule de oes circumstances. Dans les avttres eas, la peine
sera celle de la reclusion." (Loi, 28 Avril, 1832.) The original Art. 383 of tho French
Code Penal ran simply. " Les vols oommis dans les chemins publics emporteront egale-
ment la peine des travaux forces."

* "by night" {vide noto 3 to Art. 222).

8 " kyurek in perpetuity" (vide new Art. 219 below).

174 OTTOMAN PENAL CODE,

Art. 219 was repealed and replaced by a new Article on
1 Ramazan, 1291 (11 October, 1874). The only alteration
was the addition of the words "or temporarily for not less
than five years 9 ' at the end of the Article. The new Article
is not therefore given in full. It may be found in Destur,
Vol. Ill, p. 78 ; Nicolaides, Ott. Cod., 2493.

Art. 220. 1 — Those who commit theft by making a hole
through the wall of or by going up over by a ladder or by
opening with a special instrument the door of places which,
although not places where men reside or connected with 2
any inhabited place, arc closed 3 or are circumscribed with
walls, are placed in kyurck temporarily.

Art. 220 Notks. — l Compare Art. 384 of fche- French Code Prtnal : — " Sera punt
de la peine des travaux forces a temps, tout individu coupnble do vol commis a. Faid©
d'un des moyons enonc^s dans le No. 4 de Particle 381, mfiriie quoique 1' effraction,
l'escalade et l'usage des fausses elofs aient. eu lieu dans des edifices, pares ou enclos
non servant & Inhabitation ot non dependants dos irmisons habitces, ot lore memo quo
l'effrautioii n'auruit tjt^ qu'lnlorioure." For the text of Art. 381 vide note 1 to Art. 217
supra.

2 lt connected with " op " belonging to."

» " closed ;> or " shut up.' 1

Art. 220 was repealed and a new Article substituted on
6 Jemazi'ul-Akhir, 1329 (4 .Tunc, 1911), of which the text
is as follows ; —

Those who commit theft by making a hole through the
wall of or by going up over by a ladder or by breaking or
opening with a special instrument or in other ways the window
or door of places which, although not places where mon reside
or connected with any inhabited place, arc closed or are
circumscribed with walls, are placed in kyurek temporarily.

Those who commit theft by way of breaking or of opening
with a special instrument the doors of the rooms 1 or safes
or bolted 2 boxes or cupboards in a house or in 3 the appur-
tenances thereof, even though not entered into by making
a hole through a wall or by setting up a ladder or by opening
with a special instrument, are also placed in kyurek tem-
porarily.

To tho now Article the following notes may be added : —
1 " doors of the rooms " lit. " the roam-doors."
* "bolted " or " looked/'

1 li in " i this word is insortod in tho translation for clarity.

Art. 221. l — If the theft has taken place with the exercise
of violent treatment 9 but no mark 3 of wounding has appeared 4
from such violent treatment 2 and no other circumstance 5
has become added 6 ; or if no violent treatment 2 has taken

OTTOMAN PENAL CODE. 175

place but it 7 has occurred 8 firstly at night 9 time and secondly
on the part of two or more persons all of them or one from
among them being armed those who have dared it 10 arc
likewise placed in kyurek temporarily.

Art. 221 Notes. — l Compare Art. 385 of the French Code Prtnal : — " Sera
Salomon t puni do la peine dos travails forces a temps, tout- individu coupablo do
vol commis, suit avec violence, lorsqu'elle u'uuru hussi': aucuue trace do lilcssure on do
contusion et qu'elle nc sera aceompagnee d'aucune autre eirconstaneo, soil -an- violence,
mais avec la reunion des trois eirconstances suivantes : I. Si lo vol a etc* commis Ja
nuit ; 2. S'il a etc commis par deux ou plusieurs personnes ; 3. Si le cuupable, ou
1'un des coupables, etait portour d'armes apparentes ou cachees."

a "violent treatment" or "violeBOe*"

8 "mark" or "sign," "traco."

1 "appeared" or "occurred."

* " circumstance " or " mishap," " incidont " " condition/' " untoward circum-
stance. "

6 "added" or "joined," "become supplemented."

7 " it," i.e., the theft.

* "occurred" or " takan plane."

* " at night timo " (Me noto 3 to Art. 222).
,a " it" : the word is not iu the Turkish text.

Art. 222.*— The person who commits theft accompanied
by 2 one of the circumstances enumerated below is imprisoned
for a term of three years. The first of the said circumstances
is that of its being night time 3 and two or more persons being
found together, 4 or of there existing 5 only one of these two
circumstances but of its being in an inhabited place 7 or
in places of worship ; the second is that of the person who
is the thief being armed clandestinely 8 or openly even though
the affair of theft takes place by day, 9 or on the part of a
single person and the place of theft be not an inhabited
place; the third is that of a person being a paid 10 servant
and stealing the property of the master whom lie is serving
or of a person who has come to the house of his master or
of the master of a house whither he has gone accompanying
his master, or that 11 of the person committing the theft being
a labourer or an artisan's 12 apprentice and committing
theft in the house, shop or store** of his master, u or that 11
of an individual committing theft at a place where he con-
tinuously works ; the fourth is that of innkeepers, hotel-
keepers, coachmen, i& boatmen or similar tradesmen or their
agents stealing the whole or part of 16 the goods entrusted
to them.

Art. 222 Notes. — ' Compare Art. 38(5 of the French Code Penal : — " Sera puni
do la peine- de la reclusion tout individu coupablo do vol commis dans l'un dos cas
ci-opres : — 1. Si Jo vol a 6t6 commis la nuit, et par doux ou plusieurs personnel, ou
s il a £te commis avec une de cea deux eirconstances seuloment. mais en meme temps
dans on lieu habits on servant ft ['habitation, ou flans \o-a edifices consacres awe cultes
Mgalement etablis en France ; 2. Si lo coupablo ou Tun des coupables etait porteur

176 OTTOMAN PENAL CODE.

d'armes apparentost on can-Tides, iri^mo qnoiqua le lieu on le vol a 4te commis ne fftt ni
habite ni servant & l'habitation, et encore quoiquo lo vol ait ot-6" commis lo jour ot par uno
seal© pexsonno ; 3. Si 1« voleur est un domestiqu© uu un homme de service a gages,
memo lursqu'il aura coinmk te vol onvars dps poraonnos qn'il no servait pas, mais qui
8© trowvaierit, soit dans la maison do son maitre, noit dans cello ah il l'accompagnait ;
ou si e'est un ouvrior, compagnon ou appronfci, dans la maison, l'atelier ou le magasin
dp sou moltre ; on un individu fravaillaut habiluellomcnt dans ('habitation oil U aura
vole ; 4. Si le vol a 6Ui commis par un aubergiste, un hotelier, un voiturier, uu batelier
ou un de lour;* proposes, lorsqu'Us auronfc vol<$ tout ou partio dea chosos qui lour etaAent
eouOces & ce titro." (Loi, 28 Avril, 1832.)

* ** accompanied by," i.e., " when the theft is committed under " {vide note 2 to
Art- 217).

* " night lime " : Nicolaides quotes (Ott. Cod., p. 2495) a Vizierial Order dated
6 Robi'ul-Akhir, 1290 (3 June, 1873) in which it, is stated that " night timo " is reckoned
as from one hour after sunset. The text of this Order may bo found in Destur, Vol. IV,
p. 355.

* '* two or more persons being found together ** {vide note 5 to Art. 217).

* "existing" lit. "being."

* " but of its being," i.e.. but (at the same timo) r»f it (i.e., the thoft) being committed."
7 " inhabited place" lit. "in a place where man sits (or resides 1 )."

* " clandestinely " j as in note 7 to Art. 217.

* "by day" or "during daylight."
10 "paid" or 'salaried,"

u " that," i.e., '* the eireumstance."

" "artisan's" or " artificer's," "tradesman's."

18 " store " or " warehouao," "counting house."

14 " master " : in the sense of master -tradesman or master -craftsman, i.e., " master
oC liis trado " ; not a ** master " in correlation to a " servant."

18 "coachmen" or " cart -drivers."

** "part of" or "some of," "a quantity of."

Art. 222 was repealed and re-issued amended on 14 Rebi*
ul-Akhir, 1293 (8 May, 1876). The only alteration in the
re-issued Article was that the term of imprisonment was
altered from "three years'' 3 to "from six months to three
years.'' 3 It has not therefore been thought necessary to give,
in ex ten so, the re-issued Article. The text of the re-issued
Article may be found in Destur, Vol, III, p. 158 ; Nicolaides,
Ott. Cod., pp. 2494, 2495 ; Aristarchi, Vol. V, p. 74. A note
giving the effect of the amendment appears in Young, Corps
de Droit OU., VII, p. 44.

Art. 222 (as amended) was repealed and replaced by a now
Article on 6 Jemazi'ul-Akhir, 1329 (4 June, 1911). The only
alteration in the new Article was that the term of imprison-
ment was again changed, the words "from one year to three
years " being substituted for the words " from six months to
three years." It has not therefore been thought necessary to
give the full text of this new Article.

Art. 223. 1 — If cart-drivers, muleteers 2 or boatmen steal
part 3 of the eatables or beverages carried 4 by them and
replace it by something 6 injurious 7 to the body, those who

OTTOMAN PENAL CODE. 177

dare to commit such theft are likewise put in prison for
a term of three years ; and if the substance 8 added by them
to 9 such eatables or beverages is not a substance injurious 7
to the body they are punished with imprisonment for from
one month to one 3 r ear and a fine of from half a Mejidieh
gold piece to five Mejidieh gold pieces is also taken. 10

AitT. 223 Notes. — l Comparo Art. 387 of the French Code Penal: — "Los voitu-
riers. bataliers on lours proposes, qui auront altorA diss vins on ton to autre espeee de
liquides ou de marchandises dont le transport leur avait oto eontio, et qui auront coinmia
cettc alteration par 1© melange de substances malfaisantes, seronfc pun is do la poino
portee an pr^c^dent article. S'il n*y a pas eu melange de substances malfaiaantos,
la peine sera im emprisonnement d'un mois a un an, et une amende do soizo francs
d cont francs."

1 " muleteors " lit. " hirers-out " : hence hirers-out of mules or generally of boasts
of burden. The word in the Turkish text is M kiraji."

* " part " or " somo of," " ft quantity of."

* "carried" or "transported," "conveyed."

6 " replace " lit. " put in the place thereof."
« " oomothing " lit. " a thing."

7 " injurious " or " deleterious."

• "substance" lit. "thing."

• "added by them to" or "mixed by them with."
lt " taken," i.e., from the offenders.

Art. 224. l — Whoever steals a horse or other beast of
burden, draught or saddle 2 or also big or small animals styled
cattle or agricultural tools or implements 3 or firewood or
timber which has been cut and prepared for being sold or
stones excavated 4 in quarries or fish found in fish-ponds
or leeches in pools is punished with imprisonment for from
one month to one year and the stolen property is, if in
existence, returned to its owner in kind and if not in
existence it is caused to be made good.

Art. 224 Notes. — l Compare paragraphs i and 2 of Art. 388 of the Kronen Code
Penal :- — '* Quiaonquc aura volo OU tcnto dc voter dans los champs, des chevnux ou
betes du charge, do voiture ou de inouturc, grus ot menus . > -.■- Liaux, des instruments
d'agricultnre, sera pnni d'un emprisonnemont d'un an au moins et de cinq ans au phis,
et d'uno amondo do seize francs a cinq cents francs. 11 on sora do mduxo a l'ogard doa
vols de boia dans les ventcs, ct de picrres dans les carrieres, ainsi qii'a regard du vol
dc poisson fin fitang, vivier on reservoir." (T/Oi, 28 Avril, 1832.)

1 ik beasts of burden, draught or saddle " lit. u boasts of burdan or of voliiclea or of
riding."

8 " agricultural tools or Implements " lit. " tools or implements relating (or belong-
ing) to agriculture. "

4 " excavated " or *' cut " lit. " brokon."

Art. 224 was repealed and a new Article substituted on
6 Jemazi'ul-Akhir, 1329 (4 June, 1911). The text of the
new Article is as follows : — -

Whoever steals a horse or other beast of burden, draught
or saddle 2 or also big or small animals styled cattle is im-
prisoned tor from one year to three years.

178 OTTOMAN PENAL CODE.

Whoever steals agricultural tools or implements 3 or firewood
or timber which has been cut and prepared for being sold
or stones excavated 4 in quarries or fish found in fish-ponds
or leeches in pools or poultry 5 or the bees in hives is punished
with imprisonment for from one month to one year and
the stolen property is, if in existence, returned to its owner
in kind and if not in existence it is caused to be made good.

To which may be added the following notes : —

2, 3 f 4 ; as in corresponding nofc©3 to original Art. 22-1.

B " poultry " Jit. " animals of the hen house."

Art. 225. 1 — Whoever steals of mowed or plucked crops
or other profitable produce of the soil 2 or of the heaps of
cereals produced, is put in prison for from twenty-four
hours to three months after the duo 3 of the owner has been
caused to be paid. 4

If such theft in respect of produce takes place at night
time* and on the part of several persons by means of carts
or animals it 6 is punished with imprisonment up to one year.

Art. 225 Notes. — l Compare paragraphs 3 and 4 of Art. 388 of the French Code
Penal : — " Quiconque aura vole ou tente de voler dans les champs dea r6coltes ou
autres productions utiles do la terre, deJA dtStaohees du sol, on des meules de grains
faisant parties de recoltes, sera puni d'un emprisonnemsnt de quinzo jours a deux ans
et d'une amende de seize francs a deux cents francs. Si Ie vol a ete commis, soit la
nuit, soit pax pltisieurs persomies. soit a. I'aide do voitures ou d'animaux de charge,
I'emprisonnement sera d'un an a cinq ans, et I'amende de seize francs a cinq cents
francs."

* " profitable produce of the soil " lit. " other produco of the soil from which (pro-
duce) proiit is derived."

■ " due " lit. " the right."

* " paid M or " satisfied."

* "night time" (vide note 3 to Art. 222 J.

* "it" i.e., "tho theft."

Art. 225 was repealed and a new Article issued on 6 Jemazi'
ul-Akhir, 1329 (4 June, 1911). The text of the new Article
is as follows : —

Whoever steals of mowed or plucked crops or other profit-
able produce of the soil 2 or of the heaps of cereals produced,
is put in prison for from one month to one year after the
due 3 of the owner has been caused to be paid. 4

If such theft in respect of produce takes place at night
time 5 and on the part of several persons by means of carts
or animals it 6 is punished with imprisonment for from six
months to two years.

To the new Article the following notes may be added : —
2, 3, 4, 5, 6 as in corresponding notes to original Article.

OTTOMAN PENAL CODE. 179

Art. 226. 1 — In the case of theft of crops or other profitable
produce of the soil 2 taking place, whether by means of baskets 3
or bags or things 4 similar to them or whether 5 by means of
carts or animals or whether by 6 several persons, whilst such 7
have not yet been mowed or plucked, those who have dared
to do this are imprisoned for from twenty-four hours to
three months.

Art. 226 Notrs. — l Compare paragraph 5 of Art. 388 of tho Kroncti Code Penal : —
11 Loraquo lo vol ou la tentative do vol de recoltes ou autros productions utiles do la
terre, qui, avant d'etre souhtraites, n'etaiunt pay encore d<3tachees du sol, aura Keu
soit avec des panters ou des sacs ou autres ohjots Equivalents, soit la nuit, soit a 1'aida
de voitures ou d'animaux do charge, soit par plusiours porsonnos, la poino sora d'un
eiapriaonneincnt do qutuze jours a doiix aus, efc d'une amende de seiao francs a deux
cents francs.'*

2 (< othor profitable produco of tho soil " ; as in, note 2 to Art. 225.

8 " boskets " ; the word in the Turkish text is '* kufoh " which is a kind of large
basket, two of which make up the load of a donkey or other animal.

* " thingR," i.e., ** rocoptaoloa "

* " whether " ; the word is here inserted in the translation for clarity. There are
three disjunctive sets of eireumfttaneos under any one of which an offence under the
Article may bo committed, i.e., when tho crops are stolon : 1. By moans of baskets,
etc. ; 2. By carts, etc. ; 3- By several people in unison.

* "by" or "through the means of."
7 *' such," i.e., such crops or produce.

Art. 226 was repealed and a new Article substituted
therefor on 6 Jemazi'ul-Akhir, 1329 (4 June, 1911). The
only alteration in the new Article was that the term of
imprisonment was changed, the words " from one month to
one year" being substituted for the words " from six months
to two years." It has not therefore been thought necessary
to give the full text of this new Article.

Art. 227. l — If a person in order to commit theft changes
the places of marks 2 for separating 3 emlak d he is punished
with imprisonment for from fifteen days to three months.

Art. 227 Notes.— ' Compare Art. 380 of the French Codo Penal :—" Sera puni
de la reclusion colui qui. pour cornmettre un vol, aura enlev6 on d^place des bomes
servant do separation aux proprietes." (Ixii, 28 Avril, 1S32.)

2 ** marks " or " signs."

* H separating " or " distinguishing."

* " emlak/' i.e.., roughly " roal property " (vide note 6 to Art. 27).

The object of the Article is. of course, to provont alteration of tho boundary marks
of land or other property of that class which in English law would be called " real "
property.

Art. 228. l — Whoever counterfeits a key or makes some
kind of instrument 2 wherewith to open locks is put in prison
for from three months to one year and if he who has dared
this is of the guild of locksmiths he is punished with the
punishment of kyurek temporarily.

02

180 OTTOMAN PENAL CODE.

Abt. 2?8 Notes.— 1 Compare Art 399 of the French Code Penal :— " Quiconque
aura contrcfait ou altoro dea clefs, sera condamntS a un emprisonuemont' do trois moia
a deux ans, et a une amende dc vinsfc cinq franr3 a cent cmquante francs. Si le coupahl©
est un eerrurior dc profession, il sera puni do la inclusion I*o tout sans prejudice do
plus fortes peines, &'il y cchet, en cae de complicity do crimes.* 1

1 " instrument " or " tool."

Abt. 229. x — Whoever by compulsion 2 or force takes a
promissory note 3 or a receipt 4 from the hand of a man or
causes seal to be affixed 5 to or causes to be signed any such
bond 6 is placed in kyurek temporarily.

Art. 229 Notes. — 1 Compare the first paragraph of Art. 400 of the French Code
P6nal : — "Quiconque aura extorque par force, violence ou contrainte la signature ou
la remise d'un ©crib, d'un acte, cVun litre, d'une piece quclcouque contenant ou operant
obligation, disposition ou d^charge, sera puni de la peine des travaux forces a tomps."

1 "compulsion" or ' constraint," "coercion."

* " promissory note " lit. " note of debt " or " bill of debt."

4 " receipt " or " acknowledgement " lit. " proof of receipt," " voucher of receipt."

* " affixed " lit. " pressed on."

* "bond," also "a commercial bill," "note," "draft."

Art. 230. x — Those who dare to commit thefts other than
such 2 as are 3 specified in this Part, 4 such as petty theft 5 or
pocket-picking are put in prison for from three months to
one year and such persons are also bound over on bail 6 by
the Police.

Art. 230 Notes. — ■ Compare Apt. 401 of the French Code Penal: — " Lo3
autres vols non specifics dans la present© section, les larcins et filouteries
ainsi que lea teritativcs de cos memos delits, seront pun is d'un emprisonnement
d'un an au moms et de cinq arm au plus, et pourront m6mo l'otre d'uno amende
qui sera de seize francs au moins ct do cinq cents francs au plus. Les coupables pourront
encore etre interdits des droits mentionnes en ['article 42 du present Code pendant
cinq ans ou moins ot dix ans au plus, u compter du jour oi ils auront subi leur peine.
Us pourront aussi Sire mis, par 1' arret ou le jugemenfc, sous la surveillance do la haute
police pendant le meme nombre d'annees."

* " such " lit. " the matters of theft."

a " an are " : these words are inserted in the translation for clarity.

* "in this Part," i.e.. Part VII of Chapter III.

* " petty theft." The word in the Turkish text is " akhizliq " which litorally
means the quality (or act) of one who takes. Tt here has the meaning of talcing away
something from o shop, house or place without the knowlcdgo of the owner or taking
something from a place the entrance or door of which has been left open, i.e., simple
thieving without any aggravating circumstances.

* " bound over on bail " lit. " taken under bail " or " taken under surety."

Art. 230 was amplified by an addendum dated 3 Jemazi'ul-
Akhir, 1277 (17 December, 1860), the text of which is as
follows : —

With 1 regard to thieves who having attempted the com-
mission of the act of theft have not been able to take any-
thing owing to' 2 the intervention of impediments 2 not in

OTTOMAN PENAL CODE. 1$1

their control* the punishment for theft according to the
gravity 5 of the act attempted by them 6 is carried out.

Those who act as receivers 7 to and assist thieves who
arc liable to 8 the punishment of kyurek knowing their 9
condition 10 and character 11 are placed in kyurek temporarily ;
and those who likewise knowingly act as receivers 7 to thieves
liable to 8 the punishment of kyurek are punished with the
kind 12 of punishment to which the thief to whom they have
acted as receivers 7 would be liable. 8

But if any of those who are the companions or assistants
of or receivers 7 to thieves comes, before the investigations 13
are commenced, and reports 14 the real thieves to the Govern-
ment or even 15 after the investigations 13 have been commenced
likewise spontaneously comes and reports 14 the thieves and
facilitates the means of their apprehension such 16 are
exempted 17 from the punishment for theft only but are
placed 18 under police supervision for not exceeding one
year.

To the above addendum may bo added the following notes : — -

1 This addendum may bo found in Djiz-i-K&v, p. 996 j Nicolaidog, Ott. Cod., p. 2497 ;
Young, Corps do Droit, Ott, VII, p. 46 j Aristarchi, III, p. 272 ; Walpole, pp. 101, 102.

* H owing to lit. " by."

I " impediments " lit. " pro von ting cousos."

* " not in their control' 1 lit. "not in his hand of choice. "

* " gravity " lit. " degree."

6 " thorn " ; in tho Turkish text this word is in tho singular.

7 "act as receivers" lit. " those who do receivership*': " receivers M or " har-
bourers.*'

8 " liable to " lit. " deserving of."

* " their," t.e , of the thieves.

10 " condition " or " state," " status."

II " character " or i; attribute" " quality'."

11 " kind " or " sort."

13 "investigations" or " onquirica " lit. " searchinga."

u " reporta " or " denounces," t.e., informs against.

15 "even" lit. "also."

18 " such " lit. " such ones,' 1 i.e., the informers.

" " exomptcd " lit. " pardoned."

" "placed" or "kept" lit. "found."

Art. 230 was amended bv a second addendum dated
3 Rebi'ul-Akhir, 1285 (24 July, 1868), the text of which is
as follows : —

Those 1 who knowingly receive 2 stolen property are punished
with the punishment of imprisonment for from twenty-four
hours to one year according to the gravity 3 of their act and
conduct and the thing which has been stolen is caused, if
in existence, to be restored to, or, if it is not, to be made
good to the owner.

]S2 OTTOMAN PENAL CODE.

To the above addendum may be added the following notes : —
1 The text nf this Addendum may be found in Djiz-i-Kav, p. 996 ; Nicolaides, Ott.
Cod., p. 2407 ; Young, Corps de Droit Ott., p. 47 ; Walpole, p. 102.

I "receive" lit. "take."

* " gravity " lit. " degree."

Art. 230 was again amended by an addendum dated
6 Jemazi'ul-Akhir, 1329 (4 June, 1911), the text of which is
as follows : —

If the person who commits one of the offences of theft,
swindling, or abuse of confidence, which call for 1 correctional
punishment, returns and restores to its owner the property
he has acquired in an unlawful manner, before any judicial
proceedings are commenced with regard to him, or, returning
and restoration not being possible, he makes good the loss
of the person who has suffered loss, the punishment to be
undergone by him is reduced by from one-third to two-
thirds ; and if this returning and restoring or making good
takes place during the proceedings 2 but before sentence 3
the punishment is reduced by from one-sixth to one-
third.

If the acts of theft, abuse of confidence and swindling
have taken place in respect of petty articles 4 the punish-
ment is reduced by from one-third to one-half.

a/

If any of those who are the companions 5 or assistants 6
or receivers 7 to thieves comes, before the investigations 8
are commenced, and reports 9 the real thieves to the Govern-
ment or even after the investigations 8 have been commenced
likewise spontaneously comes and reports 9 the thieves and
facilitates the means of their apprehension such 10 are
exempted 11 from the punishment for theft only but are placed
under police supervision for not more than one year.

To tlio above addendum may bo added the following notes : —

1 "call for " or " necessitate."

4 " the proceedings," i-c, the legal proceedings."

* "sentence" or " judgment."
4 " articles " or " goods."

* "companions" or *' accomplices."

* " assistants " or " auxiliaries."

7 " receivers " 5 as in note 7 to addendum datfid 3 Jemazi'ul-Akhir, 1277, to Art. 230.
fl " investigations " ; as in not© 13 to addendum quoted in noto 7.
9 4I reports " ; as in note 14 to addendum quoted in note 7.
10 "such," i.e., tho informers.

II " exempted " ; as in noto 17 to addendum quoted in noto 7.

Art. 230 was again amended by an addendum dated
12 Rejeb, 1329 (9 July, 1911), of" which the text is as
follows : —

OTTOMAN PENAL CODE. 183

With regard to those who have set about to do the act
of theft which renders necessary correctional punishment,
the punishment provided by law for that act is awarded by
being reduced by from one-third to two-thirds.

Art, 230 was still further amended by an addendum dated
21 Sefer, 1330 (9 February, 1912). The text is as follows :—

Those who purchase stolen property knowingly 1 and
those who act as agent 2 for the buying and selling 3 of it,
knowingly, 1 are punished with the punishment of imprison-
ment of from twenty-four hours to one year.

To this addendum the following notes may be added :—

1 " knowingly," i.e., knowing that tho property is stolen property.

1 "agent" or "broker," lit. "guide."

* " buying and selling " lit. " taking and giving."

PART VIII.

The punishment fob persons guilty op Bankruptcy or

swindltkg.

Art. 231. l — Those who become fraudulent bankrupts as
described in the Commercial Code 2 and those whose complicity
in this offence is proved 3 according to the provisions 4 of the
Commercial Code 5 are punished with the punishment of
temporary kyurek.

Art. 231 Notes. — l Compare the first two paragraphs of Art. 402 and Art. 403
of tho French Cod© Penal : —

Art. 402. " Ceux qui, dans les caa pr6vus par le Code do commerce, soront d6clares
coupables do banqueroute, soront puni ainsi qu'il suit. Les banqueroutiers frauduleux
seront puni de la porno doa travaux forcos a tomps."

Art. 403. " Ceux qui, conformed nent au Code de commerce, seront declares complices
de banqueroute fraudulouae, soront punis de la mem© peine que les banqueroutiers
frauduleux."

* " as described in the Commercial Code " lit. " in maimer the circumstances (or
'states,* 'conditions') of which are written in the Commercial Code."

8 " whoso complicity in this offoneo is proved " lit. ,l whoso boing accomplices
(or ' partners ') of offence to them (i.e., to the fraudulent bankrupts) becomes manifest."

* " provisions " or " tenour.**

8 " Commercial Codo " or " Law of Commerce."

Art. 232. 1 — Those guilty of ordinary 2 bankruptcy, that
is to say those becoming bankrupt by lack of prudence, 3
are imprisoned for from one month to two years.

Art. 232 Notes. — 1 Compare tho third paragraph of Art. 402 of tho French Codo
P6nal : — "Les banqueroutiers simples seront punis d'un emprisonnement d'un
moU au moms et do deux ana au plus."

* " ordinary " or '* simple."

* "lack of prudence" or " carelessness." "thoughtlessness." "negligence."

184 OTTOMAN PENAL CODE.

Art. 233. l — The person who by some means or other
takes from the possession 2 of a man his 3 money or cmlak 4
or bonds 5 or deeds or other articles 6 by exercising 7 divers 8
frauds or tricks 9 by way of 10 swindling 11 is imprisoned for
from three months to three years and a fine of from one
Mejidich gold piece to fifty Mejidieh gold pieces is also taken
from him and if he is a State official 12 he also 13 becomes
liable 14 to the punishment of dismissal from office.

Art. 233 Notes. — l Compare Art. 405 of tho French Code Penal: — " Quiconque
Boit en faisant usage do faux noms ou de fausses qualites, eoifc on employant dea
manoeuvres fraud ule uses pour [jcrsuadcc 1 existence do fausaes entre prises, d'un pouvoir
ou d'un credit imaginaire, ou pour fairc naitro Tesperance ou la cram Co d'un sticc&s,
d'un accident ou do tout autre eVcnoment chirn6riquc, so sera fait remcttre ou delivror
des fontls dee nieubles on des obligations, dispositions, billets, proinesses. quittances ou
de charges, ct aura, par un de ce» moyens, escroqud la totality ou parti© de la fortune
d'autrui, sera puni d'un omprisonnoment d'un an au mobis ot de cinq ans au
plus, ot d'une amende do cinquante francs au moins et de trois mille francs au
plus."

* "possession" lit. " hand."

9 " his," i.e., of tho man defrauded.

* "emlak" {vide noto 6 to Art. 27).

* " bonds " or " commercial bills."

* "articles" or "goods," " effects," "objects."
T "exercising" or "using" 'fabricating."

4 " divers " lit. " various."
' " tricks " or " devices."

19 "by way of" lit. "in the way (or 'practice') of."

11 "swindling" or "swindle." The term would include obtaining the things men-
tioned in the Articlo by false pretences. Nicolaidca translates tho passage " o $t&
£6\ov Kui <in«T(ic afo3B»0K€pff0c c«t \<tnGiivwv xm* dXXov \*o»);inTo :" the French rendering
roods " Quiconque, en ompl-'vant des manoeuvres frauduleuses, so sera fait remottro
dea fonds . . . et ainsi cscroquo lo bion d'aubrui."

11 "a State official " lit. " one of the State officials."

M "also" or "in addition."

w " liable to " lit. H deserving of."

PART IX.

Abuse of Confidence.

Art. 234. l — Whoever, by taking advantage of 2 the wants
or weakness or fancy of a child who can discriminate, 3 fraudu-
lently takes from him 1 to his 5 detriment 6 a deed made in
whatever way it may be containing an undertaking or
acquittance relative to the giving of money on loan or the
lending of goods or the giving of commercial or other kind
of documents 7 is imprisoned for from two months to two
years and in addition to 8 causing to be made good his loss*

OTTOMAN PENAL CODE. 185

which has taken place a fine, not exceeding one-fourth of
the money made good 9 and in any case not less than one
Mejidieh gold piece, is taken ; and if the person who takes
such deed is the patron 10 or guardian of such child who can
discriminate 3 the period of imprisonment is extended 11 to
from three months to three years.

Art. 234 Notes.— ! Compare Art. 406 of iho French Code Pdnal : -- ■" Quiconque
aura abiiso ties bi;soins. des faiblesses ou dos paw-ions d'na iniircur, pour lui farie sous-
oriro, a son prejudice, des obligations. quittances ou deehargps, ponr prot d'argent
ou de ehoses mobilises, ou d'ei'fet3 de commerce, ou do tons autrea effots obligatoiros,
sous quclquo forme <fue cotte negociation ait- cte faite ou d^guisoe, sera puivi d'an
imprisonrmmeiil do deux uiois an moiiiy. do deux uns mi plus, fit d'une amonda qui
ne pnurra exoeder ]e quart des restitutions et des dOXDmages-interStfl qui seront dus
aux parties Icscoh, ni c'frre moindrc do virigt-cinq franca. La disposition porteo au
second paragraphs dc precedent article pourra de plus fitre appliquce " {i.e., deprivation
of certain civil rights).

* "taking odvantago of " lit. "abusing."

8 "a child who can discriminate " lit. "a discriminating (or 'distinguishing.' 'dis-
cerning') child." The expression in tho Turkish text i3 "sabi-i-mumoyyiz " and is
synonymous with "eaghir-i-mumoyyiK " {moaning literally a discriminating minor)
in and defined by Art 943 of the MejeUc, a translation of which Article is here
appended for convenience :-—

*'Saghir-i-ghayr.i-mnrrieyyiz [a) is a child who does not comprehend sale and purchase,
that is to say, does not know that sale takes away and purchase brings over (b) owner-
ship, and who does not discriminate and distinguish from a slight deceit a deceit
which it ia apparent is an excessive deceit such ns being deceived five in ton ; and a
child who discriminates these is called saghir-i-mumegyiz (c.)"

* " fraudulently takes from him " lit. " takes from his hand by fraud."

* " his." is-., of the child.

8 "detriment" or "loss," "injury," "prejudice."
7 " documents " or " papers." " letters."

* " m addition to" lit. "besides," "apart from."

* " mado good his loss," i.e., to replace the loss.

10 "patron" or "next of kin," also "guardian." Nicolaides translates "tTrirpoTrog" ;
the French rendering is " charge do la surveillance " {vide note 5 to Art 199).

11 "extended," i.e., " increased to a period of."

Art. 235. ! — If a person by taking advantage of 2 a blank 3
paper, with a seal or signature, entrusted or delivered to him
in confidence, fills in the upper part of 4 such paper, with
seal or signature, with sentences which contain an under-
taking or an acquittance by way of 5 fraud or theft or makes 3
on it 7 a deed to incriminate in person or to injure in property
the owner of the seal or signature 8 he is punished with im-
prisonment for not less than six months and a line of from
five Mejidieh gold pieces to fifty Mejidieh gold pieces is taken ;
and if such paper with a seal or signature has not been
entrusted or delivered to him in confidence but he has written

(it) "saghir-i-gliayr-i-mumeyyia"; tho expression literally means an indi scrim mating minor, i.fc, a

person underage who cannot discriminate.
(b) " brings over " ; lit. "attracts/'

(b) "brings

(r) "saghir-Mrmmeyyia" ; it literally means a discriminating minor, i.e., a person under fi£c who can
discriminate.

186 OTTOMAN PENAL CODE.

such false things by obtaining possession of it 9 by somo
means or other he is regarded 10 as a forger and is punished
with the punishment for forgers.

Art. 235 Noiks. — l Compare Art. 40" of the French Code Penal : — *' Quiconque,
abusant d'un blanc-soing qui lui aura 6t£ confie, aura frauduleusement 6crit au-dessus
une obligation on dechargc, ou tout autre acte pouvant compromettre la personne
ou la fortune du signatairc, sera puni dos peines portees on l'Art. 405. Dans le cas
oil le bJunc-sting no lui auraifc pas 6t*> confie, il sera poursuivi uuinuio faussaire ct puni
comma tel." For Art 405 vide note 1 to Art. 233 suprd.

* ,L taking advantago of " lit. " abusing."
8 "blank" lit. " white"

4 " the upper part of " lit. " on the upper side of "

8 " by way of w lit. " in the form of.*'

8 " makes " or " draws up."

7 ** on it," i-e~, on the upper part of such paper with seal or signature.

* " the owner of the soal or signature," i.e., the porson who has sealed or signed
tho blank paper.

* "obtaining possession of it *' lit. " by bringing into (his) hand."
» 'Regarded" or "held."

Art. 236. 1 — The person who conceals or destroys, 2 to the
prejudice of 3 the owners, emval, 4 goods, 5 cash, 6 commercial
documents 7 or other deeds 8 containing undertakings or
acquittances of any kind, given or delivered to him by way
of trust a or commission in order that he should as a paid
or unpaid service exhibit 10 and return or use 11 the same 12
in some specified manner 10 is imprisoned for from two months
to two years and in addition to the payment 14 of the com-
pensation 15 which may 16 be necessary a fine equal to 17 the
one-fourth of the amount 18 of the compensation is also
taken from him ; and if one from among the category 1 *
of salaried servants, apprentices, clerks or labourers commits
this offence to the prejudice of 3 his superior 30 or master 21
he is after the loss has been caused to be made good imprisoned
for not less than one year.

Art. 236 Notes. — 1 Compare Art. 408 of the French Code Penal :— " Quiconque
aura detourne ou dissipd, an prejudice das propri6tatres, posse&seurs ou detentourst,
des offots, doniers, merchandises, billote, quittances ou toua autros ecrita contenant
ou operant obligation uu decharge, qui ne lui auraient ete remis qu'a litre do louage,
do dep^it, de mandat, ou pour un travail salarie ou non salarie, a la charge de les rendre
ou represonter, ou d'en faire un usage ou un ernploi determine^ sera puni des peines
portees en l'Art. 400. Si Tabus de confiauce- prevu et puni par le pr6cedent paragraphs
a ete commis par un domestique, homme de service a gages, eleve, clerc, comrais,
ouvrier, compagnon, ou apprenti, a\i prejudice do son inaitre, la peine sera cello de la
reelusion. Le tout sans prejudice de ce qui est dit mix Arts. 254, 255 et 25G, rolative-
menb aux eoustraotions et enlevements do deniors, offets ou pieces commisos dans
les depots publics." (Loi, 28 Avxil, 1832.)

a '* destroys" or "loses."

* " to the prejudice of" lit. "by injuring."

* " emval " (the plural of mal "). In a general sense the word would include
movable and immovable property but nore it refers only, no doubt, to movable pro-
perty. Nicolaidcs translates as "ww/rA." Vide note 5 to Art. 27.

OTTOMAN PENAL CODE. 187

8 " goods " or " effects." Tho word in tho Turkish text is " eshyia " (pi. of " shey " )
(vide note 8 to Art. 27)

• "cash" lit. "ready rnonoys " or "sums of ready money."

7 M commercial documents " or "bonds," "notes," ^negotiable papors."
■ " deeds " or "instruments," "documents,"

• "trust" or "deposit."

10 "exhibit" or "show," "produce."

11 M uso " ; thia word 18 disjunctive with " exhibit and return " ; %.e. a the sens© is
" in order that he should . . . exhibit and return them or use thorn."

11 " the same " j these words are inserted in the text for clarity.
w " in some specified manner " lit. " in a manner which has been spoci6ed " :
"specified" or "defined," 'indicated."
14 " in addition to tlxe payment " lit " together with the payment."

16 " compensation " or " indemnity."
» "may" lit. "will."

17 " equal to " lit. " as much as."

18 "amount" lit. "equivalent."

" " category " or " class " lit. " sot."

,0 "superior" or "chief" lit. "commander."

21 "master" : in the sense as in note 1* to Art. 222.

Art. 237. 1 — The person who steals or conceals in what-
soever way it may be a document 2 or a paper, after producing
or delivering it to the Court during the course or trial of
an action, 3 is punished by the taking of a fine of from one
Mejidieh gold piece to fifteen Mejidieh gold pieces.

Art. 237 Notes. — * Compare Art. 409 of the French Code Penal : — " Quiconque
aprce avoir produit, dans une contestation judiciairc, quelquG titre, pidce on. memoir©,
l'aura eoustrait dc quclquo maniore quo co soit, sera puni d'une amende de vingl-ciuq
francs a trois cents franca. Cette peine sera prononc6o par lo tribunal saisi do la con-
testation,"

* " document " or " dood."

• " action " or " case."

PART X.

The punishment for persons who introduce fraud 1
into auctions or commercial affairs. 2

Pari X Notes. — * " who introduce fraud " lit. " who mix corruption, (or ' depravity,'
' intrigue *)." The word in tho Turkish text is " fesad " (vide note 3 to Art. 49).
1 ''commercial affairs" lit. "affairs (or 'matters') of commerce (or 'trade').'*

Art. 238. x — Persons who injure 2 by word or deed the
auction of emval 8 or emlak 4 to be sold or purchased or to
be leased or hired by auction amongst the people are punished
with imprisonment for from fifteen days to three months
and with the taking of a fine of from one Mejidieh gold piece
to one hundred Mejidieh gold pieces.

188 OTTOMAN PENAL CODE.

Art. 233 Notes. — 'Compare Art. 412 of the French Codo P6nal : — " Coux qui,
dans les adjudications de In propriete, de I'usufruit ou de la location des choses mobi-
lioros ou immobilieres, d'une entreprise d'une fourniture. d'une exploitation ou d'un
service quelconque, auront entrav6 ou troublu la liberte des encheres ou des soumissions
par voios de fait, violences ou menaces, soit avant, soit pendant lea encheres on les
soumissions, soronfc puni3 d'un emprisonnoment do quinzo jours nu moins, do trois
mois au plus, ct d'une amende do cent- francs au moins e6 de cinq inillo francs au plus.
La meme peine aura lieu contr© ceux qui, par dons ou promesses auront 6cart© les
enchcrisseurs.' 1

• *' injure " or " mar."

8 " emval " (vide note 5 to Art. 27).

4 " erolak" (vide not* G to Art. 27).

8 " amongst the people " lit. " among men."

Art. 239. l — Those who 2 by purposely publishing among
the people matters 3 which are not true 4 or are of the nature
of 5 calumny 6 or by offering a price more than the rate asked
for by the vendor, or who, being the principal holders of 7
an article of merchandise 8 or provisions, by leaguing together 9
in order not to sell or not to allow to be sold 10 at more than
a certain price 11 that article or, by adopting other fraudulent
ways or means, dare 12 to raise or reduce 13 the prices, which
free trade 1 ' 1 would otherwise settle, 10 of merchandise 8 or
goods or of the paper moneys or treasury bonds 16 of the
State are punished with imprisonment for from one month
to one year and a fine of from five Mejidieh gold pieces to
one hundred Mejidieh gold pieces is taken ; and if the
action and conduct 17 stated above takes place in respect
of meat, bread, firewood, charcoal or similar provisions
or things 18 which are of the primary 19 necessaries of the
people the punishment stated above is carried out in
two-fold.

Aivt. 239 Notes. — j Compare Arts. 419 and 420 of tho French Code Ponal : —

Art. 419 " Tous ceux qui, par des foAta faux ou calomnieux semes a dessein dans
le public, par des suroffres faitps aire prix que dexnandaienl les vendeurs eux-memea,
par r6union ou coalition entre les prineipaux detenteurs d'une meme marchandise
ou dounSe, tendaut a nc la pas vendre ou a ne la vendre qu'a uu certain prix. ou,
par des voies ou moyens franduleiix queloonqiies, auront oper6 la hausso ou la baisse
du prix des donrccs ou merchandises ou des papiors ofc effots publics au-dcasu3 ou au-
dessous des prix qu'aurait determines la concurrence naturelle et librc du commerce,
seront punis d'un emprisonnement d'un mois au moins, d'un an au plus, et d'une amende
de cinq cents francs a dix millo francs. Les coupablcs poiuront do plu3 otre mis par
1 'arret ou le jugement, sous la surveillance de le haute police pendant deux ana au moins
et cinq ana au plus."

Art. 420. u La peine sera d'un emprisonnement do deux mois au moins et deux mis
au plus, et d'une amende de mille francs a viugt mille francs si oes manoeuvres out
cto pratiqueos sur grains, grenaiiles, farines, substances fariueusos, pain, via ou touto
autre boisson.

11 La mise en surveillance qui pourra ctre prononcoe sera do cinq ana au moins et
de dix ons au plus."

OTTOMAN PENAL CODE. 189

* " those who 1 lit. " any person who " or " whosoever."

8 " matters " lit. " certain matters."

4 "not true" lit. "not near (or 'joined 1 ) to truth."

* "of tho nature of" lit. " in the way of," "by way of."
" calumny " or " slander.**

7 " who boing the principal holders of " lit. " the principal holders of." " Holders *•
lit *' owners," " possessors.*'

9 "merchandise" or "wares," "goods."

* " by leaguing together " lit. " by agreeing."

w "not to allow to be sold" lit. "to cause not to bo sold."
11 " a certain price " lit. " a price."
li *' dare " lit. " dares " or *' attempts.'*
18 " raise or reduce " lit. " increase or diminish."
14 "free trade" lit. " freedom in (or 'of') trade."
" " would otherwise settle " lit. " would settle."
l * " treasury bonds '* or " socuritios " lit. " shares."
" " conduct " or " act,'* " deed.*'

IB " things " or " articles." The word in the Turkish text is " eshya " (vide note 8
to Art. 27).

M "primary" or "essential," "principal," "radical."

Art. 240. j — Whoever cheats a purchaser as to 3 the fine-
ness 3 of gold or silver 4 or the quality of a false jewel sold as
a genuine gem or of any other kind of merchandise 5 or com-
mits 6 fraud, as to the quantity of things 7 sold, by using defective
weights or measures 8 is imprisoned for frnm three months
to one year and, in addition to 9 being caused to make good
the loss, a fine not exceeding the one-fourth of the amount 10
of the compensation and in any case not less than three
Mejidiehs 11 is taken and his defective weight or measure 8
is broken and destroyed.

Art. 240 Notes.— 1 Comparo Art. 423 of the French Codo P6nal : — " Quiconque
aura troinpe l'acheieur sur lo titre des matUVes d'or ou d'argent, sur la quulite d'une
picrre fausse vendue pour line, sur la matiore de toutes marchandises, quiconque,
par usage do faux poids ou do fausses mosures, aura trompe* sur la quantite des chosea
vendues, sera puni do l'einpiisonnemont, pendant trois mois au moins, un an an plus,
et d'une amende qui ne pourra exceder le quart des restitutions et doinmages-int^rots,
ni otro au-dcsso\»s do ciiiquanto francs. Los objots du delit, ou lour valour n'ils nppar-
tiennenb encore au vondcur, serunl confisquus ; les faux poids et les fuusses mesures
eoront aussi eonfisoues, or. do plus seront brises."

2 " as to " lit. " upon."

3 " fineness," i.e., the degroo of fineness,

* "gold or silver " : one might add hero the word " objects " which would include
any tiling of theso metals.

5 " merchandise " ; as in noto 8 to Art. 239.

" commits " lit. " does."

7 " things " ; as in noto 18 to Art. 239

• *' measures " lit. " cubit measures,*' i.e., measures of length.

8 "in addition to" lit. "besides."

10 " of the amount " lit. *' of the equivalent."

11 " Mejidiehs " : when the word ' Mejidieh " is used without being qualified by
the word " gold " it always means a silver Mejidieh piece of twenty piastres (vide noto
8 to Art. 215).

190 OTTOMAN PENAL CODE.

Art. 241. 1 — As the person who prints or causes to be
printed a book contrary to the privileges of authors 2 or makes
or causes to be made a thing the manufacturing or doing of
which has been restricted 3 to an individual or a company
as a privilege* will have committed a sort of forgery the
books etcetera 5 caused by him to be printed or the things
caused by him to be made are seized and given to the holder 6
of the privilege and a fine of from five Mejidieh gold pieces
to one hundred Mejidieh gold pieces is taken ; and from
those who import 7 into the Ottoman Empire 8 such 9 as have
been printed or manufactured in this manner abroad 10 a
fine of likewise from five Mejidieh gold pieces to one hundred
Mejidieh gold pieces is taken ; and those who knowingly
sell such printings or manufactures are punished by the
taking of a fine of from one Mejidieh gold piece to twenty-
five Mejidieh gold pieces.

Atit. 241 Notes. — 1 Compare Arts. 425, '426. 427 and 429 of tho French Code
P6nal. Art. 428 is reproduced for oonvenionce of arrangement and roforoneo, :—

Art. 425. " Tout© 6dition d^crits, do composition musicale, de dessin, de peinfcur©
ou de toute autre production, imprim6o on gravee Bn entier oil en partio, au mepris
dog loie ot reglemonts rolntifs a la propri6t6 des auteurs, est une contrefaoon, et tout©
contrefacon est un delit."

Art. 420. " Le delit d'ouvrages eontrefaits, l'tntroduction sur Ie territoire fran^aifl
d'ouvrages qui, apres avoir ete" imprimes en France, ont ete contrefaits chez T6tranger
sont luj ddlit de la mC'iuo tsspece."

Art. 427. " La peine centre lo eontrefaetenr on contre l'introducteur sera une
amende do cent franca au moins ot do doux mille francs au plus ot contre lo dobitont,
une amende de vingt-cinq francs au moms et de cinq cents francs au plus. La con-
fiscation de 1'eViition contrefaits sera prononcoo taut contre le eon trofac tour que contre
1'introduotour et lo debitant. Les planches, meulcs ou matrices dca objota controfaita,
seront aussi eunfisques."

Art. 428. M Tout directeur, tout entrepreneur de spectacle, toute association
d'artistca, qui aura fait representor sur son thoatrc dos ouvragos dramatiquos au rae^pris
dos luis et reglemeuts relatifs a la propriety des auteurs, sera puni d'uno amende de
cinquante francs au moins, de cinq centw frAnfiS an plus et de la coniiscation des
recettes."

Art. 429. " Dans les cas prevus par les quatro articles precedents, les produita dea
confiscations, ou los recettes confisquees, soront ronais au propridtairo, pour l'indemnisor
d'autant du prejudice qu'il aura soufforfc ; 1c surplus do son indomnitd, ou l'entiere
mdemsite, s'il n'y a en ni vente d'objet nonfisque ni saisie de reoettes, sera regie par
les voies ordinaircs."

8 "privileges of authors," i.e., the copyright.

* "restricted" lit. "confined."

* " privilege " ; the word used in the Turkish text is '* imtiaz " which generally
means a " privilege/' or " concession. " and would include a " patent," " copyright,"
or exclusive right to the use of a " Trade Mark."

6 "etcetera" lit. "and others," i.e., and other things.

* " holder " lit. " owner."

? " import " or " introduce."

8 ** Ottoman Kmpire " lit. " divinely protected dominions."

9 such," i.e., such books, etc,
10 " abroad " ht. " outside."

OTTOMAN PENAL CODE. 191

PART XI.

PtmrsHMEOT? for Gambling akd Lotteries.

Art. 242. l — The persons who, making gambling a business 2
or profession, 3 invite the people to some special place and
attract 4 and receive them in order to gamble there, or give
money there as bankers, 5 are put in prison for from one month
to six months and a fine of from one Mejidieh gold piece
to fifty Mejidieh gold pieces is taken and all the cash and
articles 6 found at the gambling place are seized by 7 the State,

Art. 242 Notes. — ■ Compare Art. 410 of the French Codo Penal : — " Ceux qui
auront term une maison de jcux do hasard, et y auront admis le public, aoit librement,
eoit ear la pr<*s**ntation ties intdressoa ou ttffiiitte, los banquiers do cotto maison, toua
ceux qui auront etabli ou tenu des loteriea now autorisees par la loi, tous administra-
tors, proposes ou agents de ces etabli&semenfcs, seront punis d'un emprisonnement
de doux mois au moins et de six mois au plus, et d'une amende de cent franca a six
m'lle francs. J-es coupablee pourront etre de plus a compter du jour ou iJs auront
subi leur peine, intordits, pendant cinq ana au moins et dix ans au plus, des droits
mentionnoe en l'Art. 42 du present Cod©. Dans tous les cas, seront eonfisquos tous
les fonds on effota qui seront trouvos exposes au jou on mis tv la lotorie, lea ineublos,
instruments, ustensiles, apparei's employes uu destines au .service des jeux ou des
lotories, les meufoles et les offets mobiliers dont les lieux seront garnis ou docor^s,"

By a Vizierial Order dated 25 October, 1289 (6 Kovombcr, 1873), it was provided
that one-half of the moneys seized while- gambling is taking place shall be given to
the State and the other half to the (police) officer effecting the seizure. The Order
explains that this moasuro is adopted in order to encourage greater vigilance- and
activity on the part of the police officers in the detection and prevention of gambling,
and to enable then to recoup themselves for any expenses incurred by them for
remunerating informers or otherwise. The toxt of this Order may be found in
Pestur, Vol. IV, p 617 : vide ako Young, Corps de Droit Ott., VII, p. 49, note.

* "business" or "work." "occupation."

3 "profession" or " art," "craft," "trade."

* "attract" or " collect," "gather."

6 " give money there by way of banking " or " give money there by acting as
bankers." It means simply providing funds for the gamblers.

* " articles " ; as in note 18 to Art. 239.

7 " by " lit. " on the part of "

Abt. 243. 1 - -Those who set up 2 lotteries are likewise im-
prisoned for from one month to six months and a fine of
from one Mejidieh gold piece to fifty Mejidieh gold pieces
is taken and the cash 3 and articles 4 which have been put
to lottery are seized by 5 the State.

Art. 243 Notes. — 1 Compare part of Art. 4X0 oC the French Code Penal (vide note 1
to Art. 242).

Nicolaidcs gives in full, Ott Cod., pp. 2502-2504, tho toxt of a long Circular of th©
Ministry of Justice dated 29 Jemaxi 'ul-Akhir, 1300 (5 June, 1883), from which it appears
th&t the executive had decided to allow lotteries to take place upon a license being
granted and a payment being made to the Government of a ten per cent, royalty but
that tliis decision upon remonstrances from certain Embassies was rescinded and
foreign lotteries entirely prohibited in the Ottoman Empire

192 OTTOMAN PENAL CODE.

A letter of the Minister of Justice dated 29 Rebi'ul-Evvol, 1298 (18 February, 1882),
laid down that Art. 243 docs not apply to lotteries arranged with the permission, of
Government, by communities for charitable purposes. This letter was published in
the Jeride-i-Mehakim (Law Courts* Journal) BFo. 8ti, p. (>84. A further letter datod
23 February, 1298 (7 March, 1882), of the Minister of Justice further laid down that
lotteries of a sum of 50,000 piastres, arranged for promoting purposes of public require-
ment and utility, may ho permitted locally after suitable enquiries have been mado
by tho local authority representing the Government ; but for the promotion of lotteries
involving larger sums than 50,000 piastres the permission of tho Ministry of Commerce
is necessary.

2 " sot up *' lit. n open."

8 " cash " lib. " ready moneys."

* " articles '* ; as in note 18 to Art. 239.

• "by" lit. "on the part of.'*

PART XIT.

Destruction of property and causing loss 1 to people.

Part XII Note.— 1 " loss " or " injury," " harm."

Art. 244. x — Whoever breaks or destroys 2 one's 3 tools or
implements for agriculture, folds 4 for animals, or watch-
huts 5 is punished with imprisonment for from one week
to six months after the right 6 of the injured person has been
caused 7 to be paid. 8

Art. 244 Notes. — 'Compare Art. 451 of the French Codo Penal : — " Touto
rupture, toute destruction d'imtrumorits d' agriculture, do pares dc bestiaux, de cabanes
de gardiens, sera punio d'un emprisormement d'un mois ftU moins, et d'un an au plus."

2 ll doatroye n or " spoils," " deranges," " demolishes. 1 '

3 " one's," i.e., a man's.
* " folds " or " pens."

6 " watch -huts " or "watch-boxes," c.^-, "the huts usod by Gold watchmen or
watchmen at vineyards."

8 " the right of," i.e., what is dvie to.

7 " caused " or "made."

8 "paid" or "satisfied."

Art. 245. l — Whoever, without necessity, purposely kills
the saddle 2 or draught 3 horse or other animals or likewise
beasts of burden or saddle 4 or cattle of any 5 kind belonging
to any one 6 is punished according to the following scale 7
that is to say ; if this offence has occurred in the stable, fold
or other appurtenances or on the lands of the emlak 8 of
which the person who is the owner of the animals which have
been killed 9 or destroyed is the proprietor, contractor, 10
tenant or cultivator in partnership, 11 the person who is guilty
is put in prison for from one month to six months ; and
if it has occurred upon a place of which the guilty person
is the proprietor, contractor, 10 tenant or cultivator in partner-
ship 11 he is imprisoned for from one week to one month ;

OTTOMAN PENATj CODE. 193

and if it has occurred in another place he is punished with
imprisonment for from fifteen days to one and a half months ;
and the person who kills the said animals by poisoning is
in every ease imprisoned for from three months to two years ;
and in all the cases mentioned the loss of the owner of the
animals is caiised to be made good and a fine of from one
white 12 Mejidieh of twenty 13 to two Mejidieh gold pieces
is taken.

Art. 24o Notes. — * Compare Arts. 452 to 465 of the French Code "Penal : —

Art. 462. Quiconquo uura ompoisonn<5 dog ohovaux on autrcs botes do voituro
de montuxo ou do charge, des bestiaux it, cornes, des moxdOns, chevres ou pores, ou
des poiesons dans les ^tanga, vivisrs en reservoirs sora pnni d'im ompriWinnoinent
d'un on a oin(| ans, ot d'une amende do seize francn a trois cents francs. Los ooupablos
pourronfc ctte mia, par 1' arret ou lo jugemont, sous la aurveiUanoe dc la haute police
pendant deux ans au moiiis ot cinq ans au plus."

Art. 453. n Ccux qui. sans nooossit6, auronfc tu6 i'un des animaux montiorwes au
precedent articlo, seront punis ainsi qu'il suit : Si le delit a 6t6 commis dans les btiti-
mentH. enclos et d^pendanoos on sur les terres donL le maltre de l*s,niinal tue" etait
proprietaire, locataire, colon ou fennier, la peine sera un emprisoniienioiit do doux
mois a six inoia ; S'il a 6t6 commU dans Ics lioux dont Ie coupable Otait propritftairo,
locataire, colon ou fennier, remprisonnemeiiL sera do six jours a un mois ; S'il a 6t<5
con in- dans tout autre lieu, I'emprisonnoment sera de cpxinze jours a six aomainos.
Lo maximum do la poino sora toujours prononco en cas do violation de cloture.'*

Art. 4fl4. " Quiconque aura, sans ueccssiw?, Lu6 un animal domeetique dans un liou
dont eelui a qui cet animal nppartient est proprietaire, locataire, colon ou fennier,
sora puni d'un empriaonncmonl do six jours au moins ot do six mois au plus. S'il
y a eu violation do cloture, Je ma&imum dc la peine sera prononciS."

Art. 45i>. " Dans left eas prAvus par les Arts. 444 et guivanta jusqii'au pr6c6denfc
Article inclusivement, il sera prononcee uno amende qui ne pourra exceder lo quart
des restitution et dotnmaees-intorcts, ui otro ou-des'soua do seise franca.**

1 "saddle" lit "riding.'*

* M draught " lit. "carriage" or "cart."

* " beasts of burden or saddle " lit. " animaly for burden or for riding."

* "any" lit. ''every."

* " belonging to any one " lit. " of one."

* "scale" lit. " degrees."

* ** emlak, i.e , landed property (vitl# note 6 to Art. 27).

* " killed " lit. " Annihilated."

l * "contractor " : the word in tho Turkish text is " multozim." Nicolaides trans-
lates as " ivotKtaGTi)*; Stinvaiav xuooikW " '■ the French rendering is " formier "
(vide not© 12 to Art. 108).

** fc * cultivator in. partnership," a.*?., one who hires or lots out land for a sharo in the*
harvest. Nicolaides translate as envfrmpag" ; the French rendering is " au metayer."

" " white," i.e., silver

M "of twenty," i.e., of twenty piastres {vide note 8 to Art. 215).

Art. 246. j — Whoever fills up the ditches which are the
delimitation marks of the emlak 2 or lands owned by someone
or destroys 3 enclosures 4 made of live or dead trees 5 or in
any 6 other way, is punished with imprisonment for from one
week to three months and in addition to 7 the loss and damage
being caused to be made good 8 a fine to the amount of one-
fourth of the compensation 9 is also taken.

P

194 OTTOMAN PENAL CODE.

Apt. 246 Noras. — l Compare Art. 456 of the French Cod© P6nnl ; — " Quieonque
aura, on tout ou on partio, coinble dcs foss6s, d6truit dos clotures, do quolques materi&ux
qu' olios soient failes. coup£ ou arrache des liaies vivee ou sechea; quiconque aura
dApIaeo ou supprimA des homos ou pieds cornier**, on mitres arbres plftnt^s ou rooonnus
pour Hablir lea I unites entro diffcrcnts heritages, sora pi"ini d'un emprisonnomont qui
no pourra etre au-dessous d'un mois ni exceder nne annee. et d'une amende egale au
quart des restitutions ©t des dommages interets, qui, dans aueun cas, no pourra Stro
au-dessous do cinquante francs.*' •

1 " emlak M (vitie note f) to Art. 27).

* " destroys " {vide note 2 to Art. 244).
4 "enclosures" lit. " court-yarda."

* " of live or dead trees " lit. " with wet or dry trees.'* " Trees " may also be trans-
lated " wood."

* " any " : the word is inserted in tho translation for clority.
» " in addition to " lit. " after.**

8 ■ mado good " or " compensated."

* "to the amount of one -fourth of tho compensation" lit. "of as much as one-
fourth of the equivalent of tho compensation."

Art. 247. l — If the owners or tenants of water-mills or
other factories 2 worked 3 by water or of reservoirs 4 or artificial
lakes 5 cause the roads or other peoples' fields 6 to be inundated, 7
by constructing the channel 8 of their water in a fashion
different from the manner prescribed by the rules or regula-
tions thereof, 9 after tho loss which has taken place has been
caused to be made good, 10 a fine to the amount of one-fourth
of the amount of compensation is also taken.

Art. 247 Notes. — * Compare Art. 457 of the French Code Penal : — " SeTont
riiii i ■ d'une amende qui ne pourra oxcoder lo quurt des restitutions ot dos dommages-
interets, m etre au-dessous do cinquantc francs, les propri6taires ou fermiers, ou toute
person no jouissant de monlins, usines on offings, qui, par 1'eJovation du deVorgoir do
leurs oaux au-dosaus de la hauteur ddt&rrainee par I'autorite eomp^tente, auront inond6
les chemins ou les propriety d'autrui. SMI est rcsultc du fait quelquea degradations,
la peine sera, outre 1' amende, un ernprisoiineiiicnt de six joura k un mois."

a "factories" or "machines."

8 "worked" lit. "revolved/ 1 "rotated."

* " reservoirs " or "ponds," "tanks."

* "lakes" or "pools."

8 "other peoples* fields" lit. "tho field of others."

7 " inundated " lit. "run over by water."

8 "channel* 1 ot "bed."

* " thereof," i.e., in that behalf.

10 " mado good'* or ''compensated."

Art. 248. l — Whoever, by making default in the cleaning
or repairing of ovens, 2 furnaces 3 or other places operated 4
by fire or by lighting lire in the plains 5 in the vicinity 6 of
houses or other buildings or forests or vineyards or gardens
or heaps of chopped straw or hay or other combustible things 7
or by igniting 8 fireworks about tho quarters 9 or by doing
something 10 similar to this, becomes the cause of the breaking

OTTOMAN PENAL CODE. 195

out of a conflagration, is imprisoned for from three days
to one week and a fine of from one Mejidich gold piece to
twenty-five Mejidich gold pieces is taken.

Art. 248 Notes. — 'Compare Art. 458 of the French Code Penal : - -•" L'inccndio
des proprietes mobilities ou immobilicres d'uutmi, qui aura efte cause par la vetuste"
ou le d^faut unit do reparation, soit do nottoyagn des fours, ohominnes, forces, maisons
ou usinos prochainos, ou par des foux allunuia dans Ion chumps tx moins do cont metres,
des maisons, Edifices, fore Is. hruyeros, bois, veryers, plantations, hales, moules, tas
de grains, pailles. foins, fourragps, on tout autre d£pot de mAti&res combustiblos, ou
par dee foux ou lumiorcs portoa ou laissea sans precaution suflisanto, ou par des pieces
d 'artifices allumees ou tirecs par negligence ou imprudence, sera puni d'uae amende
de einquante francs an moins et dp cinq cents francs an plus."

a " ovens " or " bake-houses."

1 " furnaces " or "hearths." " fire-places," also " chimneys."

* " operated " lit. " worked."

* " plains " or " opon country."

* "vicinity" or " neighbourhood."

T "things" ; as in note 18 to Art. 239.

* " igniting " lit, " throwing,*' " letting go."

* " about the quarters," i.e., about the quarters of towns or villages : the " quarters "
are the regular " divisions " : lit. the phraso is " in tho Interstices in the quarters "
(vide note b" to original Art. 255).

la "something" lit. "a thing."

Art. 249. * — If a person wilfully 2 demolishes or ruins in
whatsoever way it may be an inn, 3 house or any 4 kind of
building which is not his own property, or roads, bridges,
fountains, aqueducts, etcetera, 5 generally is imprisoned for
from three months to two years and in addition to 6 the causing
to be made good 7 the damage which has taken place a fine
equal to one-fourth of the amount 8 of the compensation
to be paid by him 9 is also taken ; and if destruction of life 10
or wounding takes place the punishment for destroying
life or wounding is carried out separately. 11

Akt. 249 Notes. — ' Compare Art. 437 of th© French Code Penal : — " Quioonqu©
aura voloutairemcnt dctruit ou renverse par quclquo inoyen quo co soit, en tout ou
en partie, des 6difices. des punts, digues ou oliaussues ou uutros constructions qu'il
savait oppart^nir a autrui, sera puni de Ih r£clusion et d'uno amende qui no pourra
oxc6der le quart des restitutions et indemnitos, ni etre au dessous de cent francs. S'il
y a eu homicide ou Measures, le coupable sera, dans le premier cas, puni de mort, et
dans le second, puni do la peine des travaux forc6a a temps."

8 " wilfully " lit. " of his own choice."

1 ' inn " ; the Turkish word is " khan."

* "any" h't. "every."

* "etcetera" or "other things."

• "in addition to" lit. "after."

* "made good" lit. "indemnified" or "compensated."

• l4 amount " lit. " value," " equivalent,"

• " to bo paid by him " lit. " he has to pay," " ho will ?a.y"

10 "life" lit. "person."

11 "separately," i.e., *' as well," "in addition."

P2

196 OTTOMAN PENAL CODE.

Art. 250. 1 — The person who by act 2 obstructs without
cause the laying 3 or erection of a building for the construc-
tion of which permission has been given by the Imperial
Ottoman Government is imprisoned for from one month
to one year and the loss and damage which has taken place
in consequence of this obstruction is caused to be made
good and a fine equal to' 1 one-fourth of the compensation 5
is taken.

Art. 250 Notes. — 1 Compare Art. 4118 of the Kronen Code Penal :~" Quiconque,
par des voiea do fait, so sera oppos6 a la, confection des travaux autorisds par le Gou-
vernemenl, sera puni d 1 une eiiiprisoiinement. de fccoia mois a denx aas. et d*une amende
qui ne ponrra excotlor le quart des domrnages-intorets ni etre au-dessous de seize francs.
Lcs motoura subironfc lc maximum do \a peine."

a " by act," i.e., actually.

8 "laying" or " placing," i.e., " laying the foundation."

* li equal to " lit. " as much as."

' " of tlie compensation ™ lit. " of llio value of the compensation."

Art. 251. l — He who wilfully 2 burns or in whatsoever
manner it may be destroys books, 3 deeds, archives or other
official papers appertaining to the Government, or bills of
exchange, promissory notes or deeds belonging to 4 men of
commerce or bankers, 5 or in short 6 any 7 sort of papers in
consequence of the destruction of which injury will result 8
is imprisoned for from one year to three years and a fine of
from one Mejidieh gold piece to fifteen Mejidich gold pieces
is also taken from him.

AitT. 25! Notes.- — J Compnro Art. 439 of tho Fronch Codo Penal :— " Quiconquo
aura volontairernent brAle on detruit, d'une manic-re quelconque. ties registres, minutes
ou aetes origmaux dp Fautorittf publique, des titres, billets, lettre de change, effeta
do commerce ou do banquo, contonant ou operant obligation, disposition, ou deoharce,
oora puni junsi qu*i] suit : Si les pieces d^truitcs sont des actt-s de l'autorite" pubJiquo,
ou des eliots dm eomrrmree ou de bnnqne, la peine sera la reelusion ; S'il s'agit de toute
autre piece, le coupoblo BOrfi puni d'un omprisonnomont do doux a cinq ans, ot d'uno
amende de cent francs a trois cents francs."

* " wilfully " ; as in note 2 to Art. 249.

s "books." i.e. f ll account-books," " record books," '* registers " aad the like.

* " belonging to " or u concerning."

* " bankers " j t.hp word also means " money-changers."

* " in short " or " in ono word."
' " any " lit. Ci every."

* " in consequence of the destruction of which injury will result " lit. " whicli in
consoquenco of their destruction will give riso to injury."

Art. 252. * — If a gang of persons, by coming together,
openly 2 pillage, despoil or ruin by force and compulsion 3
the emval 4 or goods 5 or crops of others they are punished
with the punishment of pranga 6 temporarily and in addition
to the restitution 7 of or making good to the owners the losses
sustained by them 8 a fine of from one Mejidieh gold piece
to fifty Mejidich gold pieces is taken from each of them.

OTTOMAN PENAL CODE. 197

Those who commit 9 such plunder 10 or spoliation if they
provc that their being participators 11 in this infamy has
taken place through 12 the instigations or insistence 13 of
another party are punished with the punishment of im-
prisonment for from one year to three years.

Art. 252 TCotrs. — l Compare Arts 440 and 441 of tho French Code Penal :—
Art. 440 " Tout pillage, tout d6gat do denrecs ou mnrchandisos, offots, propri6toa

rnobilieres, coouxus mi reunion ou bando ot a force ouvert, sera puni dos travaux forces

a temps ; ch&cnn deg coupables sera do plus condamno a line amende- de deux cents

francs a cinq mille francs."
Art. 441. " Neamnoins eeus qui prouveront avoir 6t6 untrafnos par les provocations

ou eollicitations a prendre part 4 cos violences, pourront n'otre punis quo de la peine*

de la rochiaion."

* " openly " or " publicly.'*

3 " compulsion," i.e., constraint.

* " emval " (vide note 5 to Art. 27).

6 "goods" or "effects'* ; as in note 7 to Art. 19fi.

e " pranga," i.e., "hard labour in chains" [vide note 3 to Art. 27).

9 "in addition to the restitution " lit. "after the restoration." .

• " the losses sustained by them " lit. *' their losses which have taken place.**

• " oomrnit '* lit. " aro found in."

10 ** plunder " or " sack." " pillage."

11 "participators*' lit. "partakers."
13 "through" lit. "by."

18 " insistence " ; it is plural in the Turkish text.

Art. 252 was amended by an addendum elated 6 Jemazi'ul-
Akhir, 1329 (4 June, 1911), of which the text is as follows:—

The person who seizes the immovable properties found
in the possession of another by interfering with or encroaching
upon them without authority 1 without being the holder of 2
an Imperial title-deed setting forth 8 his ownership 4 thereof,
or with the object of deriving profits 1 * from the said properties
varies or alters the boundaries thereof is imprisoned for
from one month to six months ; and if in either ease 6 these
acts of seizure or altering boundaries have taken place by
the use of coercion or violence op by the making 7 of threat
the perpetrator thereof is imprisoned for from two months
to one year ; and if these acts are committed by several
persons, even though one 8 from among them being armed,
the punishment of imprisonment extends to from six months
to three years.

To the above addendum may be added the following notes :-**
1 ** without authority " lit. " of his own accord " or '* of his own motion."
9 "without being the holder of** lit. "without having in his hand."
8 " setting forth " lit. " speaking of.*'

• *' ownership " lit. " possession."

« " of deriving profit " lib. " of profiting.**

• " in either case '* lit. " in both such cases."
7 "making" lit. "occasioning."

• "one," i,6., only one.

198 OTTOMAN PENAL CODE.

Art. 253. x — The persons who cut or destroy crops, 2 which
have not yet been mowed, or naturally grown or planted
trees or other plants, or spoil grafted trees, or ruin the vine-
yard or garden of a person are punished with the punishment
of imprisonment for from one week to fifteen days and the
loss and damage of the owners thereof are caused to be made
good.

Art. 253 Notes.— 1 Compare Art. 444 of the French Coda Penal : — " Quifionque
aurn dovasto doe recoltes aur pied ou des plants venue naturellemfint ou fails da main
d'hoiiime, sera puni d'un emprisoimumciit de < leux ans au morns ot du cinq ans <u
plus. Los coupables pourront dp plus otre mis. par l*arrdt ou lo jugement, sous la
surveillance de Ja haute police pendant cinq ans au moms et dix ans au plus."

Art. 253 was repealed and a new Article issued dated
6 Jemazi'ul-Akhir, 1329 (4 June, 1911), of which the text
is as follows : —

The person who cuts or destroys crops, which have not
yet been mowed, or naturally grown or planted trees or other
plants or lets animals go free with the mere purpose of ruining
them 1 is imprisoned for from one week to three months.

If this cutting or destruction takes place upon planted
vine-cuttings 2 or trees having a value in the light of 3 commerce,
industry or agriculture, or fruit-bearing trees or young
plants the perpetrator is imprisoned for from one month
to two years and a fine of from one Lira 4 to fifty Liras is
taken from him.

To the now Article the following notes may be added : —
1 " thorn " lit. " those," i.*,., such crops, etc.

* '* vine cuttings " lit. " twigs " or " shoots " or " saplings " of vine.

* " in tho light of " lit. l ' having regard to," " in view of."

* " Lira," i.e., tho Turkish pound=18v.

( ' 3

I ,

I
V ■

CHAPTER THIRD

Sets forth the punishments for peksows otttt/ty
of q&ba&ais agatwst matters of sanitation,
cleanliness and police.

Art. 254. x — Persons from amongst innkeepers or hotel-
keepers who, although enjoined by the Police to light lanterns
during the nights, neglect to do so ; and persons 2 who without
necessity place or leave upon the roads tilings which will
affect the easiness of the passage of the people ; and persons 2
who, when such things are placed 3 in the streets or squares 4
of necessity or when a water channel'' or drain 6 is dug' in
places which are public thoroughfares, do not place a lamp
or lantern upon the things* 4 which have been heaped up or
at the place which has been dug, in order that if the same
are left open at night 9 there may be no injury of any sort
to passers by ; and persons 10 who act contrary to the regula-
tions of roads or to the orders 11 issued on the part of the
Government for the repairing or pulling down 12 of buildings
which are on the verge of IJ ruin; and persons 10 who throw
into the streets refuse 14 or other things causing offensive
smells or through carelessness pour refuse 14 or dirt upon
a person or who throw into the street things which in their
falling down may cause injury 15 to passers by on the road;
and persons who do not conform whether with the adminis-
trative 10 regulations or with the regulations published 17
by the Municipal Authorities 18 are punished by the taking 18
of a fine of from one silver beshlik 20 to five silver beshliks.

Art. 254 Notes. — ! For comparison with this Articlo vide parts of Art. 471 of tho
French Code Penal : —

Art. 471. " Seront punis d'amende, depuis un franc jusqu'a cinq francs inclusive-
ment . . .

3. Lee aubergistes et autres, qui, obliges u l'^clairage. l'auront neglige" ;

4. " Ueux qui auront embarrass© la voie publique, en y deposant ou y laissaut sans
necessity, des mat6riaux ou dos ehoscs quelconqucs qui crnpcchcnt, ou diminuont
la liberie ou la surety du parage ; ccux qui, en contravention, uux luis et reglements,
auront n6glige d'eclairer les materiaux par eux entreposes ou le« excavations par
cux faites dans lea rues ot places ;

5. Ceux qui auront neglige' ou rofusd d'executcr les reglcraents ou arrfites couoor-
nant la petite voirie, ou d'ob&r a la sommation cman6e de 1'autorim administrative,
de r^parer ou d6molir lea ^dificew raenaount ruino.

0. Ceux qui auront jGte ou expos^ au-dovant dc lours Edifices des choses. do nature
a nuiro par leur chute ou par des exhalaisons inaalubres.

12. Ccux qui imprudonmieiit auront joto" dca immoadices aur quclquo personno.

200 OTTOMAN PENAL CODE.

15. Ceux qui auront controvenu aux reglomonts Mgalement fails par 1'autoritiJ
administrative, et ccux qui ne so seront pas conformed aux reglements on arr&Ws
public par i'autoritc' immicipale, eu vertu dee Arts. 3 ot 4 titro IX de la loi du 16-24
Aoufc, 1700, ot do 1'Art. 46 bitre 1« do la loi du 19-22 Juillet, 1791." (Loi, 28 Avril,
1832.)

* " parsons " ; this word is not in the Turkish text but is inserted here to make
the sense of the passage clear and to mark the commencement of a fresh paragraph.

* " placed,'* i.e., " by such persons."

* "squares"; also "open spaces."
8 " water-channel '* or "* aqueduct."
' "drain" or " sewer.' 1

7 "dug." I.e.. "by such persons."

8 '* tilings " : as in note 18 to Art. 239.

9 " at night ' lit. " during the nights "

10 "persons"; in the Turkish text the word is here "those "simply

11 "orders" or "injunctions."

12 ' for tho repairing or pulling down of " lit. ' in order to repair or to pull
down."

M " on tho verge of " lit. " verging towards."

u " refuso " lit. " sweepings."

16 " injury " or " harm."

16 '* administrative '' lit. "civil."

17 " published " or " promulgated."

18 "Municipal Authorities" lit. "Municipal Administration."

19 " taking," £./.. '* from the offenders "

20 "silver beshlik " lit "white boshlik." A silver beshlilt is a silver coin of five
silver piastres (— } silver Mejidieh) and is worth \0d. in English money.

Art. 255. l — Those from amongst tradesmen 2 using fire
who do not at intervals clean or repair the furnaces 3 and
chimneys of their shops, bakehouses or factories, and persons 4
who ignite 5 fireworks in the quarters 6 or in places where
they 7 would cause injury, 8 and also those who discharge 9
pistols or guns inside the cities, towns or villages, are 10 in
addition to 11 being punished by the taking of a fine of from
one beshlik 12 to five beshliks imprisoned as well for from
twenty-four hours to three days.

Art. 2fjf5 Notes. — ' Compare part of Art. 471 of the French Code Penal ; —
" Seront punis d'amende, depute un franc jusqu'a cinq francs inclusivoment "...

1. " Ceux qui out negligo d'entretcnir, reparor ou nettoyer les fours, chemineos
ou usines ou Von fait usago du feu.

2. " Ccux qui auront viole la defense de tirer, en certains lieux, des pieces d* artifices.
In addition, under Art. 472 of tho BVenon Code, iireworks ignited in contravention

of clause 2 quoted above arc confiscated and, under Art 473 of the same, offenders
in this respect may besides bo imprisoned " selon les circonstances pendant trois jours
au plus."

2 " tradesmen " or " artificers " lit. " guilds."

3 " furnaces " or " hearths."

* " persons " ; the word is not hi the Turkish text but is inserted to mark the new
paragraph.

1 " ignite " lit. " throw " or " lot go."

* " quarters," i.e.. the " quarters " of a lown or village i towns and villages of any
size in the Ottoman Kmpiro (and, as is, of course, well known, olsowhoro) are usually
divided into a number of areas called " quarters " (Turkish "mahallat").

OTTOMAN PENAL CODE. 201

7 " tfaey," / e.. the fireworks.

8 " injury " : also "damage."

• " discharge " i " fir© " lit. " throw " or '* let go.*'

19 "ore " ; in the Turkish t&xt tho words " such sort of people " appear but aro
here omitted as superfluous.

11 " in addition to " lit. w besides."

" " beshlik," The Turkish text does not here state as it does in the preceding section
that the beshlik is a " silver value '* beshlik but it Is presumably intended to be the
same

Art. 255 was repealed and a new Article substituted there-
for on 6 Jemazi'ul-Akhir, 1329 (4 June, 1911). The text
of the new Article is as follows : —

Those from amongst tradesmen 2 using fire who do not
at intervals clean or repair the furnaces 3 or chimneys of their
shops, bakehouses or factories are punished by the taking
of a fine of from one beshlik to five beshliks ; and those
who ignite 5 fireworks in the cities, villages or towns in places
where they 7 may cause injury 8 are punished with imprison-
ment for from twenty-four hours to three days and by taking
a fine of from five beshliks 12 to ten beshliks. Those who
discharge 9 arms 13 in the cities, villages or towns without
necessity are punished with imprisonment for from twenty-
four hours to one month and with a fine of from one Ottoman
gold piece 14 to three Ottoman gold pieces.

To the new Article tho following notoe may bo added : —

2, 3, 5. 7, 8, 9, 12 as in the some notes to the original Article.

l * *' arms," i.e., firearms.

11 " Ottoman gold piece, 1 ' i.e., a Turkish pound or " Lira."

Art. 256. l — Those from amongst innkeepers or hotel-
keepers or other lodging-house keepers who neglect or make
default in the registering of the arrivals 2 or the producing
to the proper authority 1 * in due time of the book necessary
to be kept by them according to the system 4 in that behalf 5 ;
and those who let 6 a horse run in places of public resort
or let the lunatics or the harmful or predacious animals
found under their care 7 go free ; or who refuse to take or accept
the coin of the State at its fixed 8 price; or who on the occur-
rence of a great disaster, 9 accident with a boat or ship, 10
inundation, conflagration or other calamities, brigandage, 11
despoliation and pillage, any open Jinayet, 12 general out-
cry 13 or complaint, 14 decline or neglect 15 to render the
service or assistance asked for although they are able to
afford 16 it are punished by the taking of a fine of from six
beshliks to ten beshliks. 17

202 OTTOMAN PENAL CODE.

Art. 256 Notes. — ' Compare part of Art. 475 of tho French Code Penal : — '" Seront
punia oVamendo, dopuis six francs jusqu'a dix francs inclusivomont.

2. " Jj&> aubergistcs, hoteliers, logeurs on loueurs de maisuna garnios, qui auront
neglige d'instruire do suite et sans aucun blanc, sur rogistro term regulierement, lea
t. ■>'!■: ■, <\ lalil '■ :. domicile, habituol, dates d'entree et de sortie de touto personno qui
aurait couche ou passe uiie nuit dans leurs inaisons ; ceux d'entre eux qui auraiwit
manque a representor ce registry aux epoquos determines par les reglements, ou
lorsqu'ibj en auraient ete recjuis, au*c mairos, ad joints. orJiciers on commissaires do
police, ou aux citoyens comrois a cefc ertot, le tout sans prejudice des cas do rejjpon-
eabilite mention ties en PArt. 73 du present Code, relative men t aux crimes ou aux
dolitfi de ceux qui, ay ant. loge on sejourne cfaez cux, n'auraient pas 6te- regulieroiment
uiscrits.

4. *' Coux qui auront fait ou Ioiss^ courrir ica chevaux, botes do trait, do chargo
ou de monture, dans 1'interieur d'un lieu uabite, ou viol£ les reglements contre le
chargernent, ia rapidite ou la mauvaise direction de-s voitures.

7. " Coux qui auraiont ioisao divaguor des fous ou des furious otont sous lour gardo,
ou des aniinaux malfaisants ou f&OOOB ;

11." Ccux qui nuraiant. refus6 do recoivoir les especes do monnaies Rationales, non
faussos ni altoroos, soloii la valour pour loquelie odea ont cour3-

12, " Ceux qui, lo pouvant, auront refoaa ou nGgUge de Caire les travaux, le service,
ou de prdter le secours dont ils auront oto requts dans les circonstanees d'accidontg,
tumulfce, nawfrage, inondation, incendie ou autres calamitos, uirisi que dans Iqb cas
d© brigandages, pillages, flagrant dolit, clameur publiquo ou d'esecution judiciaire.*'

* " arrivals " lit, " comet's."

3 "to the proper authority " lit. " to the officer of it."

4 H system *' or " rule.*'

* " in that behalf " lit. " thereof."

* "let" or " make."

* ** caro " or " keoping," "custody.''

* "fixed" or " prescribed."

* "disaster** lit. "event," i.e., an unfortunate owmt.

19 " accident with a boat or ship " lit. " a boat or ship accident."

** " brigandage " or " freebooling."

12 " open Jinayot," i.e., i .Finayet. in public.*'

18 "general outcry," i.e., *' gonoral cry lor succour."

l * '* complain b " : the word is not qualified by "general,"

19 " neglect " ; in the sense of watching with indifference.

,rt '* able to aliord it " lit. " able for it " ; " it," i.e., Uie service or assistance.

" " beshliks " ; as in nolo 12 to Art. 255.

Art. 257. x — Besides 2 causing to be thrown away and
cast out into the sea or river or to the outside of the town
fruits etcetera 3 the consumption 4 of which is injurious to
health or body or which have become fetid by remaining
and rotting 6 in the shops, likewise a fine of from six beshliks 6
to ten beshliks is taken from those who sell the same. 7

Anx. 25" Notes.— J Compare parts of Arts. 47f> and 477 <jf (he French Code Penal :—

Art. 47a. " Seront punis d' amende, depuis six francs justju'a dix francs inclusive-
ment .

12. " Coux qui oxposont on vento d03 oomoetiblos gStos, corrompu ou nuisiblos."
(Loi, 28 Avril, 1832.)

Art. 477. " Seront saisis et oonfisqn6a :—

4. " Los comestibles gates, corrompus ou nuisiblos ; ces comestibles seront d6truits."
(Loi, 28 Avril. 1832.)

1 " besides," i.e., in addition to.

OTTOMAN PENAL CODE. 203

* "etcetera" or "and other tilings'* or "and so forth. "

4 " consumption " lit. " the taking " ; in the sense of taking food or drink.

* "rotting" or "decaying."

1 "beshliks",- as in nolo 12 to Art. 255.
T " the same " lit. " these."

Art. 258. * — Those who wilfully 2 throw stones or other
hard 3 substances or dirt upon a man or into 1 his house or
other building or courtyard or garden and those who enter
a place where they have no right of entry or pads through
a place through which they have no right of passage are,
in addition to 5 taking from them a fine of likewise from six
beshliks 6 to ten beshliks, also imprisoned for from twenty-
four hours to five days.

Art. 258 Notes. — * Fur the first part of the above Article vide part 8 of Art. 475
of the French Code Penal : —

Art. 475, " Scront punin d'amondo. depuia six franca jusqu'u dix franca inclusive -
ment . . .

8. " Ceux qui auraient jefce des piorres ou d'autres corps durs ou des immondices
contrc lea maisons, edifices el clotures d'autrui, on dans los jnrdins ou enclos, cfc ceux
aussi qui auraient volontnirement jetc des corps durs ou los lmmondices sur quolqu'un."

By Art. 476 (Lei, 28 Avril, 1832) imprisonment- for a maximum of tlireo days may
also bo awarded in addition to tho pecuniary penalty.

The latter part of Art. 258 had no exactly corresponding counterpart in the Kronen
Code though there are sections (Alt. 471, §§ 13 and 14 and Art. 415, §t> 9 and 10) dealing
with various forms of trespass which howovcr limit offonoos to cases in which the
trespass is committed upon sown or crop-bearing lands.

z "wilfully" lit. ** of their own choice"

3 "hard" : also "solid."

* " into ** or " to" : and no doubt also it is here intended to moan " at."

* " in addition to " : lit. M besides."

* " beshliks " (vide note 12 to Art. 255).

Art. 259. 1 — Those who wilfully 2 cause injury to the
movable properties of others and those who become the
cause of the perishing or wounding 3 of the animals or cattle
of a person by letting go free lunatics 4 or injurious or pre-
dacious animals or by over-riding 5 or overloading or by
throwing stones or other hard 6 substances or by excavating
a place, are, after 7 reparation, 8 punished by taking a fine
of from ten beshliks 10 to fifteen beshliks.

Art. 259 Noras.- — * Compare parts of Art. 47fl of the French Code Penal : —
" Seront punis d'amendo, de onzo a quinze francs inolusivemorit : —

1. ** Ceux qui, hors lea cos prcvus depuis l'Art. 434 (Arson) jusques et compris
l'Art. 462 (special punishments when offences are committed by Government servants)
auront volontairornent cause du doinmage aux propriet6s mobilioros d'autrui :

2. Ceux qui auront occosiono la mort ou la blcssure des anunaux ou bostiaux
appartenant a autrui. par L'effet do la divagation des fous ou furioux ou d'auimaux
malfaisants ou ferooes, ou par la rapidity ou la mauvaiso direction ou le chargoment
excessif des voituros, chevaux, betes de traits, do chasso ou. de monture.

3. " Ceux qui auront occaaione les mdines dommages . . . par jot de pierros
ou d'autres corps dure.

204 OTTOMAN PENAL CODE.

4. " Ceux qui auront cause les memos accidents par . . rexeavation ,

dans ou pres dos rues, chemins. placos ou voies publiques, sans les precautions ou signaux
ordonnew ou d' usage."

Nicolaides Ott. Cod., p. 2508 quotes in full as a note to this Article a Circular
letter of the Ministry of Justice dated 29 May, 1299 {10 Juno, 1883), by which it was
laid down that, in the case of the non -disco very of incendiaries of stores or stacks of
straw or hay, the inhabitants of a village snail jointly be liable to pay an aggregate
sum by way of compensation to the owners of the articles burnt not exceeding one
thousand piastres,

* " wilfully " lit. " of their own choice."

8 "wounding" lit. " woundodness " ; it might be translated "the becoming
wounded."

* " lunatics " ; the meaning in the Turkish text is somewhat obscuro here, laterally
and grammatically translated the word " lunatics " should bo rondorod M mad and
as an adjectivo qualifying " annuals " ; but reading the Artiele in the light of Act. 256
and in view of the language of the French Code it must bo assumed, it is thought, that
the intention of the tc^t is to refer to *' lunatics.**

6 "over-riding" or 'overdriving" lit. "making run overmuch"

* '* hard " also " solid."

7 tl after," i.e., " in addition to."

8 " reparation " also " compensation," " making good."

* " taking," i.e., from the offender, of course.
10 M bcshliW {vide noto 12 to Art. 255).

Art. 260. l — Those who make a noise or uproar in a manner
to 2 take away the comfort 3 of the people without cause, or
wilfully remove 4 or tear advertisements 5 posted up by Govern-
ment order are punished by taking a fine of likewise from
ten beshliks to fifteen beshliks and with imprisonment of
for from three days to one week.

Art. 260 Notes. — l Compare parts of Art. 479 of the French Code Penal :^-

" Scront punie d'urio amende dc onzo a quinzo franco inclueivomcnt : —

8. *' Lea auteurs ou complices do bruit ou tapu^cs injurieux ou nocturnes, troublant

la tranquillite des habitants.

°. (i Ceux qui auront mochanunent enleve ou dochiro leg aftiches apposes par ordreg

de radministratioii."

8 "in a manner to," i.e., " so as to."

3 " take away the comfort," i.e., ** disturb the peace."

* "remove" Jit. "pluck off" or "pull off."

* "advertisements " lit. "papers of advertisements.' 7

Art. 261. 1 — The person who lets animals go free into the
land which is enclosed or sown or in which there is produce
or crops or into the vineyard or garden of a person is punished
by taking a lino of likewise from ten beshliks to fifteen besh-
liks and the loss and damage is caused to be made good. 2

Art. 261 Norws. > Compare § 10 of Art. 470 of the French Codo Penal s — " Ceuic
qui iru-neront sur le terrain d'autrui des bestiaux, de quelque nature qu'iis soient,
of notammont dans Zes prairies artifteielles, dans las Vignes oseraies, dans los plana
dc ca-pricrs, dans ecus d'olivicrs, do muriors, do grenadiers, d'orangcrs efc d'orbros
du meine genre, dans tous Ies plans ou pepiniei-es d'arbres f mi tiers ou autres fait do
main d'hemmo." For the penalty vide note 1 to Art. 260, supra.

* " made pood " or " compooaatsd."

OTTOMAN PENAL CODE. 205

Art. 262. l — From persons who keep deficient weights 2
or bad cantars 3 or balances or deficient measures or kiles 1
or use weights or measures, other than those which are
prescribed or are in use by law, 5 in their shops or warehouses
or in the markets or bazaars or at fairs a fine of from ten
beshliks to fifteen beshliks is taken in addition to 6 taking
and seizing such 7 weights or measures.

Art. 262 NoTBS. — * Compare parts of Art. 479 of tho French Corlo Penal :—
6. *' OtHlX qui cm iron t do faux poids oo. do fausses mosurcs dang leurs magasirw,
boutiques, ateliers, ou maisona de commerce on dans les halles, foirea ou marches,
sans prejudice des peiries qui seront prononc^es par les trilnmaux <lo police oorrec-
tioncllo contre coux qui auraiont fait usage de cos faux poids ou do cos faussos
mwsuros."

6. " Cmrs: qui emploieront das pniria on des mesnres different^ do ceux qui
eont etablis par les loia en vigueur." For the penalty vide note 1 to Art. 260,

tiV/pTti .

By Art. 4-80 a further penalty of imprisonment for a period not exceeding five days
may bo awarded lt poloii ]oa eirconstancce in coho of contravention of the above sub*
flections : whilst under Art. 481 '" scront. de plus, saisis efc confisqu6s ; " Les faux
poids, et le? m&surea different*; de oeux que la loi a etablis."

a "weights" lit. "drams."

3 "cantars" i.e., steel-yards.

4 " kiles " : a measure of rapacity. It is about equal to the Knglish bushel.

R " law " or M regulation." Tho word in tho TurkUh text ia " niziwn " {vide noto 2
to Art. 15).

« "in addition to" lit. " after ."
T "such" lit. " that sort of."

Art. 263. x — Those who sell goods 2 at a higher price 3
than the market price* set 5 and published by law 6 are
punished by taking a fine of likewise from ten beshliks to
fifteen beshliks and with imprisonment for from twenty-four
hours to three days ; and if the goods 2 sold by them in this
way for more than the market price 4 are among the
indispensable necessaries of the people such as bread, meat,
firewood or charcoal they are imprisoned for from three
days to one week and a fine of from fifteen beshliks to
twenty beshliks is taken.

Abt. 263 Notes. — r Compare part of Art. 47!> of the French Code Penal: —

" Seront punis d'une amende de onze t\ quinze francs incluaivenaont . . .

(i Lbs boulangors et bouchers qui vendront lo pain ou la viaude au-doln du prix
fixe par la taxe legalemont faite et publiee." (TjOi, 28 Avril, 1832.)

It should be observed that by Art. 480 (part of S 3} a further ponalty of imprisonment
for a period not exceeding five days ?tiay be awarded in cases of contravention of tho
above Article " selon les circonst&nces."

1 "goods" or "things' 1 {vide noto 7 to Art. 106).

* "at a higher price " lit. '* for more."

* " market price " ; it means " officially fixed price " as in note 5.

* " sot M lit. " fixed/' " designated " It moans " fixed by the proper authorities,"
e.g., by & Municipality.

8 M law " or " regulation " ; as in noto 5 to Art. 262.

206 OTTOMAN PENAL CODE.

Art. 264. l — The person who spoils the public roads or
places such as squares or promenades left and assigned for
public utility 2 or steals space 3 from 4 the length or breadth
thereof is punished with imprisonment for from three days
to one month and by taking 5 a fine of from fifteen to twenty
bcshliks in addition to G taking and receiving 7 from him pay-
ment of the expenses of repairing the place spoilt by him
or obtaining restoration 8 of the place taken by him.

Art. 264 Notes.— 1 Compare Art. 470. § U of the French Code Fermi :— " Scran t
punis d'une amende de on'/e a quinze francs tnehisivoment .

11. " Coux qui ouront degrade ou deter lore, de quc!<juo manicrc que cc soit, los
ebemins publics, ou usurps sur lour largeur."

1 "for public utility*' lit. "for general bonefits."

» "space" lit. " place."

* " from," i.e., " out of.''

* "* taking," «-«., lt from tho offender."
■ " in addition to " lit. « affcor."

7 " taking and receiving," i.e., " taking from the offender and receiutng by tho
authority undertaking the repair."

8 " obtaining rcstoi-ati^n." i.e " surrender" The flense of this last passage is that
if the offender has done injury he must pay to make it good; if he has encroached ho
must give back the property so encroached upon.

8 " place " ; this is literal.

Art. 264 was amended by an addendum dated 7 Muharrem,
1286 (19 April, 1869), the text of which is as follows:—

Those 1 who bury or cause to be buried or authorize 2 the
burial of corpses 3 in a place forbidden by law 4 are punished
with imprisonment for from one month to one year and
with a fine of from one Ottoman gold piece of one hundred 5
to ten Ottoman gold pieces of one hundred.

To this addendum may be added the following notes :-—

1 Tho text of this addendum may be found in Djiz-i-Kav, p. 1009 ; Nicolaides,
Ott. Cod., p. 2510; Arislarehi, Vol. EH, p- 273; Young, Vol. VII, p. 54: W&lpole,
p. 110.

One may compare the first part of Art. 358 of tho French Codo Penal : — '* Ceux
qui, suns I'autorisHtion preabihto do Pofilcier public dans Ie cos oh ello est pt^serite,
auront fait mhumcr un individn decode, soront punis de six jours a deux ans d'empri-
sounvnieiH. et d'uiie amende de seize francs a cinquant*? francs ; sans prejudice de
la poursuite de crimes dont les auteurs de ce deJit pourraieut etre pr6venus duns cetto
circonstano©."

3 w authorize " lit. " give permission for."

8 " corpses " : the word in the Turkish text ia indefinite. " Any corpse " is what
is meant.

* " law " or " regulation " ; as in note 6 to Art. 262.

B " Ottoman gold piece of one hundred" i.e., " of one hundred piantres." The coin
referred to is tho 'l\jrkish gold piece known as the gold Mejidieh or " Lira *' {vide note
2 to Art. 5).

Art. 265.* — If a person becomes drunk, in places which
are public thoroughfare or in places 2 where it is lawful for

OTTOMAN PENAL CODE. 207

people to enter, in a very conspicuous 3 manner — that is
to say to such a degree as not to be possible to hide or conceal
the signs 4 and symptoms 5 of it — and 6 is caught, 7 he is punished
with a fine of up to one Lira.

With regard to recidivists 8 this punishment is imprison-
ment up to one week or a fine up to five Liras.

If the repetition 9 has reached the degree of habit, the
punishment is a fine of from five Liras to twenty-five Liras
or imprisonment for from one week to one month. If the
person sentenced as an habitual offender 10 is a Government
official he can also be dismissed temporarily from his office.

If the habit of 11 drunkenness as mentioned 12 above is of
the degree of addictedness, sentence is given for his detention
in an hospital with the condition that it 13 shall not be less
than six months, and the expenses thereof shall be borne
by 14 him until his reform is medically proved. 15

The person who makes, even though it be undesignedly, 16
young persons, from whose outward appearance it is evident
that they have not completed the age of eighteen years
as yet, drink, or encourages them by way of treat, even though
it be likewise undesignedly, IR to drink any beverage 17 or
any substance, excepting spirituous 18 liquors for the treat-
mcnt T9 or strengthening of their bodies, which 20 will make
them 21 drunk, is punished with a fine of from twenty-five
piastres 22 to one gold piece, 23 or, if this action takes place
by way of deceiving, with a fine up to ten gold pieces. 23

If the offender 24 is the proprietor of the drinking shop 25
or his 2H employe he 27 is punished with a fine of from one
gold piece 23 to twenty gold pieces 23 and with imprisonment
of from twenty-four hours to six months. When repetition 28
takes place in the course of one year the closing, for a suitable
period, of such place can be also ordered. 29

If the proprietor of a drinking shop 25 or his employe gives
a beverage 17 or any substance to a customer who is drunk
as stated above, then, 30 together with taking of a fine of
from twenty-five piastres 22 to five gold pieces, or of from two
gold pieces 23 to ten gold pieces 23 when repetition takes place,
sentence 31 can be also given for the closing of that place 32
for a suitable period.

If he 27 does not take measures for the protection of the
customer who is found in such a condition as not to be
able to take care 33 of himself but turns him out 34 into the
street he is punished with imprisonment for from twenty-
four hours to one month besides the punishment mentioned 35

208 OTTOMAN PENAL CODE.

above ; and if the drunken person sustains illness by reason
of this, 36 he 27 is also sentenced to make good the expenses
relating to his 37 medical treatment. 38

Art. 26f> Notes. — 1 This Article is new and was added to the Code on 6 Jemazi'ul-
Akhir, 1329 (4 June, 1911)

2 " places " ; more literally " localities."
s " conspicuous " or "apparent."

* " signs," more literally ''traces."

5 ** s'ymptons " or " signs," " indications."

6 " and," ?'.<?., and if he."

7 "caught'* lit. "collared."

8 "recidivists" lit. "repeaters"; as in note £ to Art. 8.

• "repetition" lit " repeat^rsbip "

io *' as an habitual offender " ; the nearest literal translation of the Turkish phrase
would read " the person sentenced by way of habitude."
" "of" lit. "in."
18 " mentioned " lit. M written."

18 " it," i.e., tho detention,

» " borne by " lit. "shall appertain to. 11

w " is medically proved " lit. " becomes modieally manifest."

w "undesignedly" or " unintentionally."

17 " beverage " ; in the sense of intoxicating liquor.

,s "spirituous" or "intoxicating."

19 "treatment" or " ouro."

w ** which," i.e., the beverage* or substances.

21 " them " : this word is inserted in the translation for clarity.

M " twenty -five piastros," i.e., a quarter of a Lira.

93 " gold piece," i.e., a Turkish Lira.

11 "offender" lit. "perpetrator."

26 " drinking shop* 1 lit. " plaeo of jollity ond drinking."

88 " his,'* i.e., of the proprietor.

87 "he," i.e., the offender.

29 " repetition," i (., repetition of the offence when the proprietor or his employe
or© concerned.

89 "the dosing ... of such place can he also ordered" lit. " sentence for
the closing' of this place . . . can also be given."

80 " then " ; tins word in inserted for clarity.

81 " sentence " or " judgment."

88 " that place," f .c, the drinking shop.
8S "take care" lit. "manage."

84 " turns him out " lit. " lets him."

M " mentionod " lit, " inserted " or " contained. '

•* " this," i.e., I f -in -■ turned out.

87 "his": i.e., of the drunken person.

88 " medical treatment " or " euro."

CYPRUS APPENDIX.

In Cyprus the Ottoman Penal Code with any amendments
made prior to July 13th, 1878, (the date of the assump-
tion by Great Britain of the administration of the Island)
is the Law to which Ottoman subjects there are amenable.
But by local legislation, and in some measure by locally
effective British Imperial legislation through Orders in
Council some of the articles of the Ottoman Penal Code
which are applicable in Cyprus have been materially altered.

The proper construction, too, of some of the articles of
the Ottoman Penal Code has been much elucidated by
decisions of the Cyprus Supreme and Assize Courts, the
former wholly, the latter partially constituted of British
Judges.

The object of this Appendix is to draw attention to the
more important of these legislative alterations and judicial
decisions.

Art. 1. — The Courts in Cyprus are endowed with very
large powers with regard to awarding compensation. Clause
169 of the Cyprus Courts of Justice Order, 1882 {30th Nov.,
1882) reads : " Any Court by which any person is convicted
of any offence may, if it thinks fit, upon the application
of any person aggrieved, and immediately after such con-
viction, award any sum of monej^ not exceeding £100 by way
of satisfaction or compensation for any loss caused by the
offence of which the accused has been convicted, to the
aggrieved person for which such aggrieved person might
recover damages in an action.

" The amount so awarded shall be a judgment debt due
from the person so convicted to the person to whom it is
awarded."

The Supreme Court in Rex v. Antoni, Ex parte Panagi,
(C.L.R., IX, p. 107) held that the right of a Criminal Court
to make orders for compensation incidental to a convic-
tion is not now governed by the Ottoman Penal Code but
by Clause 159 of the Cyprus Courts of Justice Order in
Council, 1882, and the Fines and Penalties Recovery Law,
1883, (Statute Laws of Cyprus, 1878-1906, p. 144) and as
to the practice in Cyprus of applying to the Sher' Courts
for Diyet vide notes to Art. 171, infra.

Q

210 OTTOMAN PENAL CODE.

Art. 8. — In Hex ?;. Sulcyman, the Assize Court of Nicosia
held that the meaning of Art. 8 is that where a person con-
victed of an offence afterwards repeats it the Court is en-
titled to impose a sentence up to double the maximum
prescribed by the law creating the offence ; that it does
not mean that in every such case the Court must impose
a sentence double that imposed on the occasion of the pre-
vious conviction ; and that the Article applies not only
to offences created by the Ottoman Penal Code but also to
all offences created by subsequent legislation whether of
the Ottoman Empire or of Cyprus (C.L.R., IX, Prelim.
Issue, 6, pp. 1, 2).

Art. 19. — Law 1 of 1886 §7 (1) abolishes the wearing
of leg-irons as part of any punishment under any sentence
of any Cyprus Court of Justice though in § 7 (2) it conserves
the right to impose the wearing of leg-irons as a punishment
for any breach of prison discipline or when necessary for
the better securing of prisoners.

Art. 20. — Vide note to Art. 19 explanatory of the aboli-
tion of the wearing of leg-irons.

Art. 21. — Vide note to Art. 19 explanatory of the aboli-
tion of the wearing of leg-irons.

Art. 23.— Law 1 of 1886 § 2 abolishes the penalty of
perpetual confinement in a fortress and by § 3 substitutes
therefor the penalty of hard labour for a term not exceeding
the maximum term of confinement in a fortress to which
a guilty person might have been sentenced prior to the
Law (1 of 1886).

Art. 24. — Law 1 of 1886 § 2 abolishes the penalty of
temporary confinement in a fortress and by § 3 substitutes
therefor tho penalty of hard labour for a term not exceeding
the maximum term of confinement in a fortress to which
a guilty person might have been sentenced prior to the
Law (1 of 1886).

Art. 28. Law 1 of 1886 § 2 abolishes the penalty of
perpetual exile and by § 4 substitutes the penalty of hard
labour for any term not exceeding twenty years or impri-
sonment for any term as the Court by which the person
is convicted may direct.

Art. 35. — Law 1 of 1886 § 2 abolishes the penalty of
temporary exile and by § 5 substitutes therefor the penalty
of imprisonment for any term not exceeding three years.

Art. 40. — Law 4 of 1909 provides in § 3 that sentence
of death shall not be pronounced on or recorded against

OTTOMAN PENAL CODE. 211

a child or young person but that in Hen thereof the Court
shall sentence the child or young person to be detained
during the High Commissioner's pleasure and if so sentenced
he shall be liable to be detained in such place and under
such conditions as the High Commissioner may direct and
whilst so detained shall be deemed to be in legal custody
provided that no such period of detention shall in any case
exceed ten years.

By §2 a " Child " is defined as a person under the age
of 14 years and a " Young person" as a person who is 14
years of age or upwards and under the age of 16 years.
Vide also Law IV of 1911.

Art. 45. — Law 1 of 1886 § 18 repeals this Article which
is replaced by §§ 8-20 of the above quoted law which pro-
vides a much more elaborate and well defined system for
dealing with accomplices and receivers (q.v. Cvprus Re-
vised Statutes, pp. 210-21:}).

Art. 59. — By Law 2 of 1908 the penalty of death was
abolished and imprisonment with hard labour for life or
for any shorter period was substituted.

Art. 60. — By Law 2 of 1908 the penalty of death was
abolished and imprisonment with hard labour for life or
for any shorter term was substituted.

Art. 61. — By Law 2 of 1908 the penalty of death was
abolished and imprisonment with hard labour for life or
for any shorter term was substituted.

Art. 81. — Law 1 of 1886 § 18 repeals this Article which
is replaced by the provisions of that law dealing with
accomplices and receivers (q.v., Cyprus Revised Statutes,
Law 1 of 1886, §§ 8-20, pp. 210-213).

Art. 82. — The minimum punishment of five years is
abolished by the Criminal Law and Procedure Law, 1886,
§ 3 (Rex v. Ali, Nicosia Assize Court C.L.R., IX, p. 46).

Art. 83. — As to the minimum punishment and its aboli-
tion see note to Art. 82.

Art. 84. — As to the minimum punishment and its aboli-
tion see note to Art. 82.

Art. 113. — As to the abolition of the minimum punish-
ment in cases of assault on or resistance to the Police and
in cases of aiding or inciting other persons so to do vide
note to Art. 114. It is possible that in some conceivable
cases this Art. 113 might bo affected by §40 of Law 2 of
1878 in this respect.

Q2

212 OTTOMAN PENAL CODE.

Art. 114.— By § 40 of Law 2 of 1878 (the Police Law,
1878) Art. 114 of the Penal Code is to be read as if it con-
tained no provision as to the minimum penalty to be imposed
in cases of assault on or resistance to or aiding or inciting
any other person to assault or resist any member of the
police force in the execution of his duty (Cyprus Revised
Statutes, p. 9).

Art. 115. — As to the abolition of the minimum punish-
ment in cases of assault on or resistance to the police and
in cases of aiding or inciting other persons so to do vide
note to Art. 114.

Art. 121. — Law 1 of 1886 § 18 repeals this Article which
is replaced by §§ 8-20 of that Law which deals with accom-
plices and receivers {q.v., Cyprus Revised Statutes, pp.
210-213).

Art. 155. — In Rex v. Christodoulou the Supreme Court
held that A who altered a certificate of ownership of animals,
properly given to him by a Mukhtar, by inserting therein
a description of other animals which he had honestly ac-
quired but of which he had lost the certificate is guilty of
an offence under this Article (C.L.R., V, p. 27).

In Rex v. Salih the Assize Court of Famagusta held that
A who had fabricated a receipt from B for payment of
horse hire which was due to B (and which A intended to
and did subsequently pay to B) for the purpose of obtaining
the money from Government such sum being in fact payable
by Government to A only on receipt by Government of
a proper receipt given to A by B was guilty of forgery
(C.L.R., IX, p. 33.)

Art. 163. — By Law 2 of 1908 the penalty of death was
abolished and imprisonment with hard labour for life or
for any shorter term was substituted.

Art. 169. — In Rex v. Agathocles the Limassol Assize
Court held that if a person carries a lethal weapon to a
wedding or other place of assembly and stabs a person there
present the carrying of the knife is evidence from which
the Court may infer that he had formed the design to use
the lethal weapon against any person with whom he might
come into conflict (C.L.R., VTII, p. 97).

In Rex v. Shaban the Assize Court at Larnaca discussed
very fully the question of premeditation. The Court held
that the question of premeditation is a question of fact in
each case ; that a test often applicable in such cases is
whether in all the circumstances of a case the accused has

OTTOMAN PENAL CODE. 213

a sufficient opportunity, after forming his intention, to reflect
upon it and relinquish it^ In that case A a mounted xaptieh
riding on the road saw B a man near a river carrying a gun ;
A rode, apparently rather fast, towards B either to ask
him for his gun license or possibly to seize his gun ; B vshot
A in the body while A was mounted ; there was no evidence
w r hich showed clearly exactly under what circumstances
A was shot, i.e., whether chasing B or standing still or
trying to cut oil* B from retreat over tho river, but A was
not shot at more than two or three paces distance ; it was
held that there was not sufficient evidence of premoditation
(C.L.R., VIII, p. 82).

In Rex v. Chakoli the Assize Court of Papho held that
in order to justify a verdict of homicide with premeditation
it is not necessary to show that the premeditated design
was directed against a particular individual. A stabbed
B, not fatally, and fled to got a gun and hide in the moun-
tains ; on his way to get the gun he met C who upbraided
him for stabbing B : A thereupon stabbed C fatally ; on
arrival at the house where the gun was he threatened to
disembowel D who tried to hold him ; on obtaining the
gun he threatened to shoot E who called out after him and
finally shot and killed F a woman who remonstrated with
him ; he was found guilty of killing F with premeditation
(C.L.R., VJII, p. 93).

In Rex v. Ag&thoeles the Assize Court of Limassol held
that a person who has formed a previous design to take
life and takes life in consequence is subject to the death
penalty although he had no previous design against the
life of the person whom he killed (C.L.R., VIII, p. 97.);
but in Rex v. Christophi the Larnaea Assize Court held
that A who, inflamed with drink, rushed down a street
brandishing a knife being resolved to kill 1$ his rival there
present and being obstructed by C killed C was guilty
under Art. 174 of homicide without premeditation (C.L.R.,
IX, p. 111.)

Akt. 170. — On the question of what is meant by pre-
meditation vide note to Art. 169, supra.

Art. 171, — \ In Ioannou v. Triantaphyllides the Supreme
Court held that if A a chemist leaves his shop in the charge
of B an unqualified person having given tacit authority
to B to make up prescriptions if any should be presented
in A's absence and if during A's absence B is presented
with a prescription by C and, in dispensing it, adds by
mistake a poison which kills D the patient, A is not liable

214 OTTOMAN PENAL CODE.

in damages under this Article, Art. 182, the Slier 1 Law or
the Mejell6 (C.L.R., V, p. 58). .

In Cyprus the practice of claims for Qisas or Diyet being
made in cases of homicide to the Sher' Courts by the heirs
of the victim has been obsolete since the British assumption
of the administration of the Island. Cases of homicide
are tried by the Assize Courts which deal with them finally
once and for all subject to the prerogatives of pardon, com-
mutation and remission of penalties vested in the person
of the High Commissioner as representing His Majesty
the King.

Art. 17-1. — On the question of what is meant by pre-
meditation vide note to Art. 169, suprA.

Jn Rex v. Agathoclcs the Assize Court of Limassol held
that A who having quarrelled with B at a wedding stabbed
him intending to kill but not killing him and then turning
with his knife on the crowd stabbed and killed C was guilty
under Ait. 174 of homicide committed after committing
another Jinayet and was liable to the penalty of death
(C.L.R., Vlll, p. 97).

In Rex ?;. Mevloud the Limassol Assize Court held that
A who while in the act of ravishing B but before com-
pleting the act stopped and killed B by cutting her throat
was guilty under the latter part of Art. 174 of committing
homicide while he was committing another Jinayet, to wit,
rape (under Art. 198), and that the fact that A had not
completed the rape is not to be regarded as bringing that
offence within the category of " Junhas " as an attempt
under the Addendum to Art. 198. If the uncompleted
rape, was to be regarded as an attempt the latter part of
Art. 174 would not apply in this case (C.L.R., IX, p. 113).

In Rex v. Ahmed the Limassol Assize Court held that A
who by giving drugs and manual acts brought about the
miscarriage of B who died as the result was guilty under
Art. 174 (O.L.R., IX, p. 93).

Art. 175. — Law 1 of 1886 § 18 repeals this Article which
is replaced by §§ 8-20 of that Law which deal with accom-
plices and receivers (Cyprus Revised Statutes, pp. 210-213).

Art. 176. In Cyprus inquests and the circumstances
under which they must be held are dealt with by the Coro-
ners Law, No. XIII of 1894, (Cyprus Revised Statutes,
pp. 379-385) ; vide also the Births and Deaths Registration
Law, No. XVI of 1895, (*&., pp. 300-395) and as to burial
the Burials Law, No. II of 1896, {%b. f pp. 423-427.)

OTTOMAN PENAL CODE. 215

Art. 177. — In Rex v. Michail the Supreme Court held
that a conviction for assault by a Magisterial Court and
punishment therefor are not a bar to an information for
homicide under Art. 177 should the person assaulted die
subsequently from the effects of such assault (C.L.R.,
p. 29).

In Rex v. Frankou the Famagusta Assize Court laid
down that the Courts in Cyprus in awarding compensation
in criminal cases act not under the Ottoman Penal Code
but under the special powers granted under Clause 159 of
the Cyprus Courts of Justice Order, 1882, and that the Courts
are in no way bound by the scale of compensation provided
by the Sher' Law (O.L.K., VIII, p. 105).

In Rex w. Lambi the Supreme Court held that A having
thrown a stone at B who was retiring from a quarrel and
striking with it B, who happened to turn round, in the eye
destroying its sight, was rightly convicted under the above
Article and not under Art. 183 (C.L.R., VIII, p. 72).
Vide also notes to Art. 1.

Addendum to Art. 177. — A struck B on the head causing
a trifling wound; B went to hospital to have the wound
dressed and there contracted crisypolas in the wound from
which he died. It was held that A could not be convicted
under the Addendum to Art. 177, but could be under Art.
179. (Limassol Assize Court, Rex v. Nikola, C.L.R.,
VIII, p. 77).

Where a person struck another without any intention
of causing death or without any evidence of a serious assault,
and the person struck suffered from a highly enlarged spleen
which burst as a result of the blow and caused death, the
offender should not be convicted under the Addition to
Art. 177 but under Art. 183. (Nicosia Assize Court ; Rex
v. Christodoulo C. L. R. ? VIII, p. 73 and Limassol Assize
Court, Rex v. loannou, ib.)

Art. 179.— In Rex v. Nikola the Limassol Assize Court
held that A who struck 1$ on the head inflicting a trifling
wound which however became infected with erisypelas
at the hospital to which B went to be treated, and as a result
of which infection B died, should be convicted under Art.
179 and not under the Addendum to Art. 177 (C.L.R.,
VIII, p. 77).

Art. 180. As to awards of compensation for injuries
in Cyprus in criminal cases vide note to Art. 177 above.

Art. 182. — Vide loannou v. Triantaphyllides (C. L. R.,
V, p. 28) and note to Art. 171 thereon in connection with

216 OTTOMAN PENAL CODE.

the liability of a chemist to pay damages to the heirs of
a person whose death occurred through the accidental addi-
tion of a poison to a medicine dispensed by the chemist's
unqualified assistant left in charge of his shop.

In Rex v. Ahmed the Limassol Assize Court held that
A who by giving drugs and manual acts brought about
the miscarriage of B who died as the result was guilty under
Art. 177, as such homicide could not be regarded as unin-
tentional under Art. J 82 but as the result of an unlawful
act intentionally committed, namely, the proeui'ing of an
abortion under Art. 193 (C.L.R., FX, p. 93).

Art. 183. — As to awards of compensation in Cyprus
for injuries in criminal cases vide note to Art. 177 above.

In Rex v. Lambi it was held by the Supreme Court that
the throwing of a stone by A at B who was retiring from
a quarrel but who happening to turn round received the
stone in his eye which was destroyed thereby was not an
accidental wounding under the above Article but an offence
under Art. 177 (C.L.R., VIII, p. 72).

In Rex v. Christodoulo the Nicosia Assize Court held
that A who kicked B, a girl, who was lying down, in order
to make her get up and work and thereby ruptured her
spleen which was enlarged no doubt from malaria and caused
her death within a few hours was rightly convicted under
Art. 183 (C.L.R., VII J, p. 73) ; and In a similar case, Rex v.
Ioannou in which a man struck or pushed another with the
result that the latter's spleen, greatly enlarged, broke and
caused his death a similar sentence was passed by the Assize
Court of limassol (C.L.R., VIII, p. 73).

In Rex ?;. Georghi it was held by the Supreme Court
that A who, not having a gun licence, accidentally shot
and wounded B could not be convicted of a breach of the
latter part of Art. 183 inasmuch as the act of wounding
was not caused by a breach of the regulation requiring A
to possess a gun licence (C.L.R., IV, p. 97).

Art. 184. — Law 1 of 1886 § 18 repeals this Article which
is replaced by those sections of the Law (§§ 8-20) which deal
with accomplices and receivers (Cyprus Revised Statutes,
pp. 210-213).

Akt. 185. — Law 1 of 1886 § 18 repeals this Article which
is replaced by the sections of that Law (§§ 8-20) which deal
with accomplices and receivers (Cyprus Revised Statutes,
pp. 210-213).

OTTOMAN PENAL CODE. 217

Art. 186. — In Ilex v. Sava the Nicosia Assize Court
held that a man is not justified in voluntarily killing another
in self defence unless in good faith he reasonably believes
such killing to be necessary for the purpose of saving him-
self from death or most serious bodily harm ; nor is he
justified, if in self defence, without the intention to cause
death, he uses such violence as to kill his assailant, unless
in good faith he reasonably believes that such violence is
necessary for the purpose of defending himself. In deter-
mining whether in any ease a man is justified in killing
his assailant in [self defence, the Court will take into
consideration —

(a) The nature of the violence threatened by the assailant.

(b) The nature of the weapon used in self defence.
In this ease the general principles governing —

(1) The justification of homicide on the ground of
defence of self or others under Art, 186.

(2) Its excusability on the ground of retaliation under
Arte. 189 and 190

were considered and explained.

In this case A, after having earlier in the evening had
some words with B, returned home late and found B in
his (A's) court-yard shouting insults at his (A's) wife.
B turned to flee but, A being between him and the door
of the yard, B's escape was thus out off by A; B drew a
knife and stabbed A twice ; A who had a heavy stick
beat B very severely, tool-: away the knife and turned B
into the street in a dying condition ; B expired the same
night ; B's body was a mass of wounds. The Court held
that A could not take refuge under Art. 186 but was partly
excused under Art. 189 (C.L.R., VIII, p. 102). In Rex
v. Ramadan and others the principles governing homicide in
self defence or in defence of others, as laid down in the
case of Rex v. Sava, were further explained and illustrated.

One of the accused being suddenly assaulted by another
man with a knife and stabbed and having closed with his
assailant drew a knife and stabbed him. While they were
so engaged, his companion, the other accused, who was
in no immediate danger, also drew a knife and stabbed the
.assailant, who succumbed to his wounds. The Assize
Court of Nicosia held that both accused were entitled to
be acquitted, the one on the ground that he was acting
in self defence ; the other on the ground that he was acting
in defence of the life of anothor (C.L.R., IX, Prelim.
Issue, 6, p. 1.)

218 OTTOMAN PENAL CODE.

Art. 187. — In Rex v, Haji Omer the Nicosia Assize
Court held that Art. 187 does not apply to the case where
a man kills a thief whom he finds by night on his premises
and who has already effected an entry.

In this case A in bed in his house, roused by his wife,
got up and through the window saw B, whom he (A) did
not then recognise, in his (A's) yard stealing his (A's)
sheep ; A called to B but received no answer ; A then
shot B killing him ; A then ran and reported to the au-
thorities and it was then found that B was a notorious
thief, was barefooted and carrying a dagger. Accused was
sentenced under Art. 174 ; the sentence was, on the recom-
mendation of the Court, commuted by His Excellency the
High Commissioner to one of six months (C.L.R., VII [, p. 103).

Art. 189.— For views on partial excuse vide note to Art.
186, suprfi.

Art. 190. — For views on partial excuse vide note to Art.
186, swprfu

Art. 193. — In Rex v. Ahmed the Limassol Assize Court
held that A who, by giving drugs and manual acta brought
about the miscarriage of B who died as the result was guilty
under Art. 174 (C.L.R., IX, p. 93).

Addendum to Art. 198. — In Rex v. Yeorghi the Supreme
Court held that a man who attempted to have carnal know-
ledge of a married woman by inducing her to believe that
he was her husband was guilty under the Addendum to
Art. 198 (C.L.R., VI, p. 126).

Addendum to Art. 200.— In Rex v. Kouloumbridcs the
Supreme Court held that A who seduced a young woman
of the age of twenty -one under promise of marriage and
afterwards refused to marry her could be rightlv convicted
under the Addendum to Art. 200 (C.L.R., VIII, p, 68).

Addendum to Art. 201. — In Rex v. Osman the Supreme
Court held that a man after divorcing his wife for adultery
cannot subsequently institute criminal proceedings against
her under the above Addendum to Art. 201 (C.L.R.,
II, p. 2). In Pvex v. Christodoulou and M-chmed it was
further held that a Christian man whose wife, also a Christian,
embraced the Moslem religion caimot prosecute her or her
paramour for adultery because she by becoming a Moslem
is if so facto under Ottoman Law divorced from her husband
(C.L.R., II, p. 127).

In Rex v. George and Kyprianou the Supreme Court
held that it was not necessary for supporting a conviction

OTTOMAN PENAL CODE. 219

bhat tlic accused should he actually observed in the act
of adultery but that adultery could be inferred from atten-
dant circumstances (CL.it., VI, p. 6).

In Rex v. Theori and Solomou the Supreme Court held
that a man could not withdraw a prosecution against his
wife and her paramour after an information had been filed
against them but before judgment had been given (C.L.R.,
VI, p. 14).

In Rex v. Kypri and Hicromonachos the Supreme Court
held that evidence to justify a conviction for adultery must
be evidence of a particular criminal act committed under
particular circumstances ; that evidence of an alleged act
of adultery, which is not believed by the Court, does not
justify such a conviction, even though it is supported by
ample evidence of a general description tending to show
immoral relations between the parties (C.L.R., IX, Prelim.
Issue, 7, p. 2.)

Addendum to Art. 206. -Law 1 of 1886 § 18 repeals
so much of Art. 206 and the Addendum thereto as relates
to a person assisting another in the forccable abduction
of a woman or female child ; but the repealed matter is
replaced by §§ 8-20 of that Law which deal with accomplices
and receivers (Cyprus Revised Statutes, pp. 210-213).

\Ar/t. 213. — Vide the decision In re Hassan referred to
in note to Art. 214, infr/i.

In Rex v. Mahmud it was held by the Supreme Court
that a gathering of four persons is capable of being regarded
as " in public " (O.L.R., VIII, p. 109).

hi Rex v. Ianni the Supreme Court held that it is open
to any person charged under Art. 213 to plead justification
and to prove the truth of the words complained of (C.L.R.,
VIII, p. 117).

Art. 214. — In re Hassan the Supreme Court held that
a person using slanderous or insulting words of another
person even though the slandered person be not present
is liable to conviction under Art. 214. (C.L.R., II, p. 180.)
In the same case the Court held that Art. 213 must be read
with Art. 214 the former governing the latter with regard
to the slander being spoken publicly (-y.s.).

Art. 221. — In Hex v. Omer the Supreme Court held that
a person may be convicted under Art. 221 of larceny with
violence ev^n though such violence actually leaves traces
of wounds (C.L.R., VI11, p. 8).

220 OTTOMAN PENAL CODE.

Art. 222. — Tn Rex «?. Kokinofta the Supreme Court
held that it was not necessary to constitute the crime of
theft in Ottoman Law that the thing taken should have
been taken for the sake of gain (lucri causa) but that it is
sufficient if it was taken with the intention of depriving
the owner of the property ; in the case in question A and
others broke into B's stable at night and took away three
mules which were ridden a short distance and then slaugh-
tered (C.L.R., VIII, p. 6).

Addendum to Art. 230.— Law 1 of 1886 § 18 repeals
such part of Art. 230 and the Addenda thereto as provides
for a punishment for persons who knowingly assist or con-
ceal thieves, who knowingly conceal any stolen property,
or who receive any of the proceeds of a robbery knowing
the same to have been stolen, but not that portion which
relates to persons who having knowingly assisted or con-
cealed thieves, or having knowingly concealed any stolen
property spontaneously give information against the actual
thieves ; the repealed portion is replaced by that part of
Law I of 1886 wliich deals with accomplices and receivers (q.v.,
§§ 8-20, Law 1 of 1886 ; Cyprus Revised Statutes, pp. 210-213).

Art. 23 L. — This Article is repealed and replaced in Cyprus
by the Bankruptcy Law, 1911 (Law No. XIV).

Art. 232. — This Article is repealed and replaced in Cyprus
by the Bankruptcy Law, 1911 (Law No. XIV).

Art. 233. — In Rex v. Hafiz the Supreme Court held
that A, who by a fraudulent and false pretence induced
B to sign a bond as security for the payment by A of
moneys to third parties, could not be prosecuted under the
above Article even though B had been sued by the third
parties and compelled to pay them the amount of the
security bond (C.L.R., III, p. 84).

Art. 249. — In Rex v. Nicola the Supreme Court held
that the malicious breaking or damaging of the shutters
or doors of a house constitutes an offence under Art. 249
(C.L.R., VIII, p. 30).

Art. 260. - Law 8 of 1899 (the Protection of Public
Notices Law, 1899) repeals such part of Art. 260 as relates
to the removal and tearing down of notices and replaces
it by somewhat more elaborate provisions (q.v. 9 Cyprus
Revised Statutes, p. 497).

In Rex v. Yossifi the Supreme Court held that the Court
might inflict upon a conviction under Art. 260 a fine or im-
prisonment or both (C.L.R., VI, p. 31).

OTTOMAN PENAL CODE 221

In Rex v. Kokkini the Supreme Court held that in a pro-
secution for disturbing the peace under Art. 260 it is not
necessary for a conviction that it should be proved that
the peace of the inhabitants was actually disturbed, but
that it is sufficient if the disorder complained of was of such
a nature as to be calculated to produce such a disturbance
of the peace.

Explanatory Note to reference numbers of
Articles in the Index.

Art.
1 would refer to the Article as it appeared in the original Code-
la would refer to the 1st addendum to the original Article,
la- would refer to the 2nd addendum to the original Article
I* would refer to the Article as re-issued after repeal.

1** would refer to the Article as re-issued after the repeal of its first
re-issue.

l*a would refer to the 1st addendum to the lat rc-issuc of the Article.

l**a would refer to the 1st- addendum to the 2nd re-issue of the Article.

l*a = would refer to the 2nd addendum to the 1st re-issue of the Article.

l**a ? would rofor to the 2nd addendum to the 2nd re issue of the Article.

l*ft s * would refer to the 2nd addendum as re-issued, after repeal, to the
re-issued Article.

And similarly.

J JS 1 ) E X .

AlUXTOTION :

assisting in

of child

gir) over pul>orty
under puborty

married woman
Abortion : see Miscarriagk ; Pregnant Woman
Abusivk Language
Abuse ov ArTHORTTY :

endeavouring to influence Court

obstructing Government. Orders
revenue collection . .
Acckssoky : see Accomplice.
Accident : refusal to assist at
Accomplice :

definition of

how punished
of abductor

brigands, giving information. .

murderer

thief or robber. .
Admonitory I'unisitments . .

ADULTERATED FOOD : sale of . .

Adultery :

by husband
paramour
woman . .
Advertisements : touring down, Government
Aii>tnq And Abi-tctino :

illegal arrest

Jarcony
Ambassadors : offence against
Animals :

cruelty to . .

dangerous, at large
malicious injury to
Arms ■

illegal importation of

sale of
Akkkst ;
illegal

with false warrant)

Arson :

causing damage to life

property

compelling persons to commit . .

inciting to commit

of buildings : habitable

not habitable

State

crops : cut

standing
cut timber
documents

article

206a, 206*

205, 206

206a, 200*

206, 206a. 206*

206a, 200*

214, 214*

94-, 95, 96

99, 99a. i>9a a . 99a a

99, 99a

256

45*

45, 45*. 40

45*. 200a

66

45* 175

230a, 230ft 8

6

190

201a, 201a*

201a, 201n*

201a, 201a*

200

203

230a, 230ft 8

55**a

259

253*, 256

245

5S*a 2 . 58****

B8*a 8 166a 8 , 166ft 1

166a 3 , 166ft*

166ft 8 , 100a 1

203. 204
204

103*, 1GG

103. 1G3*, 104,104*

1G4**, 105

167

60, 06a

103. 163*, 164,

164*\ 164**

163, 163*, 104,

161*, 104**

61

105

164, 104*, 164**

105

251

Pace

160, 161

159

160, 161

159, 160,

101

100, 161

166, 169

74, 75

76, 77
70. 77

201

32

32. 33

32. 160

50

32. 129
180. 182

7
148

153, 155

lf>3. 155

153 155

20 ft

158
ISO, 1^2

47

203
HIS 201

192

52, 53
122, 123

122, 123

158
158

119, 121
118, 119

120

123
59, 60
1 18, 119

120

118, 110
120
55
120

119, 120
120
190

224

OTTOMAN PENAL CODE.

Arson— continued..
ship

timber
trees

war stores
through illegal storage of explosive
with violence ; compelling
AssAt'i/r :

by Administering drugs

to person

pregnant woman . .
misadventure. .
order of another
police
causing death, without intent . .
illness —

for over twenty days

without premeditation

with premeditation . .

for under twenty days

without premeditation
with premeditation . .
loss of member

without premeditation
with premeditation , .
miscarriage

committed dining civil disturbance

tumult

under duress. .

with intent to cause death . .

death not occurring
indecent • sec Indbcknt Assault.
on police

public officer

soldier
throat of

when excusablo or justifiable

Assumption :

of command of troops : unlawful
official authority
rank
uniform
decorations
Attempt \

to commit indecent assault
Jinayet or Junha
murder
influence Court
Auctions : interference with

Baku OB hhuianx>»
rebels . .
rioters

see BmoAiNns.

ARTICLE

TAQK

163, 163*, 164,

118, 119

161*, 164**

120

104, 164*. 164**

119, 120

164, 164* 164**

119, 120

61

6S

16Co

121

167

123

194

147

194

147

192, 192*, 193

146. 147

183

138

184

138

10t>, 106*, 189

82. 142

174*, 177a

128, 131

178, 178*

131, 133

178, 178*

131, 133

178, 178*

131. 133

179, 179*

133, 134

179, 179*

133, 134

179, 179*

133, 134

177, 177*

130. 131

177. 177*

130. 131

177. 177*

130, 131

192, 192*, 193

146. 147

181

137

181

137

185

139

180. 180a

135. 130

180, 180a

1.15. 136

113, 113*. 114,

87, 88. 89

114*, 116*,

91

112, 113, 113*,

80, 87, 88

114, 114*, 115,

89, 90, 91

nfi*, lie*.

113, 113*. 114,114*

87, 88, 89

179a,. 170*, 191,

133, 134,

1!>1*

143, 144

184, 185, 186, 187,

138, 139,

188, 189, 189*, 190

140. 141,

190*

142, 143

59

54

130

99

130

99

LSI

100

131

100

198a

151

4(i*

34

180, 180a

135, 136

95

74

238

187

assisting
commanders of
directing

harbouring • •

inciting

57. 58. 58*. 5S*a

02

45*. 63

62
45*. 03
45*. 63
G6, 66a

49, 01

fi6
32. 57

56
32. 57
32. 57
59, 60

OTTOMAN PENAL CODE.

225

Band or brigands — continued
rioters :

inform ora against
rank And filo of

withdrawal of members on warninj
Bankruptcy ;

accomplice in
fraudulent . .
simple

Bl-AOKMAII.

Bombs

Breach :

of confidence

promise of marriage . .
trust
warranty
BftiHEK : see Bribejiy. .
Briber : seo Bribeby . .
BaiBBsy :

acting as intermediary . .
when non-official . .
official
woman
at auctions of right to collect revenue

by noo*oincial
official
woman
definition of
demand for by official
nature- of , ,
offer of ; reporting
of non official
official

woman . .
promise of

second conviction for . .
to commit offence

procure escape of prisoner
false evidence

save life

property
under duress
Brigands :
aiding

agreeing to harbour
commanding
guilty of cruelty
habitual
harbouring
inciting

informers against. .
rank and nte in band of . .
withdrawal from band after warning
Burglary :

by armed gang; at night

gang at night

making implements for . .
BdtlAI. of Corps*; :

in prohibited plaeo
of executed criminal

killed person, secretly . .
Buiinino : see also Arson •
Government archives
books

ABTIOLB

PA.QH

65

59

62

56

64

58

231

183

23]

183

'. ) 232

183

77, 78, 101, 101*

66, 67,
143, HI

.

58*a, 58****,

51, 52, 53

58*& a

215

170

200a

162

236

186

240

189

69. m*

63

08, 68*

62. 63

70

63

71

64

70

63

73

64

80

68

71

64

»»..<■-

63

72

64

07, C7*

60, 02

78

67

07, 67*

GO, 62

70

67

71

64

"

68, 68*, 78, 80, 85

62, 63, 67,
68, 70

73

64

76, 76*

65, 66

74, 75

65

45*. 81

ii, m

120

95

210

163

77

66

77

66

77

66

45*, 63

32, 57

45*. 63a

32. 58

02

56

62a.

57

62a

57

45*. 03. 6.1a

32. 57. 58

CO, 66a

50. 60

65

50

62

56

64

58

•

217, 217*

172

.

218, 218*, 222,

173, 175

222* 222**

176

228

179

264a

206

17

15

176

129

251

196

251

196

K

226

OTTOMAN PENAL CODE.

Burking — continued.
Government deeds
papers
private hills of exchange
deeds
papers

CoAHQUHQ ChILIJKEN . .
ClUS/TING

» minor

opening shop, unlicensed
selling poisons irregularly
Child :

abducting . .

assault on : soo Assault.

changing . .

concealing

imposing on a woman a . .

punishment- Qi

stealing
Chimney :

not cleaning
repairing
Civil :

claims ; how affected by Code . .

disability ; nature of

rights : loss of, definition

publication of sentence of
when adjudged . .

war

Claims :

for civil rights ; how affected by punishment
damage ■ how affected by punishment
Coinage ;

foreign, counterfeit ;
circulating
counterfeiting
introducing
passing off
ignoranco of counterfeit, nature of
informers Against comers of counterfeit
Ottoman ;

copper ; counterfeit :
circulating
counterfeiting
introducing
uttering or passing off
gold or silver ; counterfeit :
circulating
counterfeiting
introducing
genuine :

sweating or impairing value of

COINAGE, CURRKNT :

refusal to accept . .

COMBINATIONS TO RAISE OK LOWER PRICKS !

general

of necessaries of life

CottM&tCCl&I. RINGS AM) COKNKKS

ARTICLE

251
251
251
251
251

203
233. 234. 235, 240

234

195

190

205, 200, 206ft, 200*

205

205

205

40, 40*

205, 206, 200*

255, 255*
255, 255"

y

27, 30, 31, 32

31

33

32, 3a

05, 55*. 55**, 50,
58, 58*. 58*a

145. 140, 147
145. 140, 147
145, 140, 147

145 140, 147
146
I 17

lit
144
144
144

143
143

143

143

256

2;m>
239
23»

PAGE
196

an.

196

196

L59

184, 185,

189

184

148
148

159, 1G0
161

150

159

150

27, 29

159, 101

200, 201
200, 201

11
18, 20, 21

22

21

23
22. 25
45, 46,
47, 48,
49. 01

11
11

108. 109
108, 109
108, 109
[OS. 109

108

10!)

107

107
107
107

107

107
107

107

201

188

138

18a

OTTOMAN PENAL CODE.

227

ARTICLE

PAQB

Commission :

officials receiving

89

72

Commutation op Sentence

47, 47*

35, 30

Compensation :

order for ; how on forced

11

12

payment of ; priority

10

12

Compulsion :

definition of

42

30

effect of on penalties

42, 42a

30, ::i

COHCEAJ;ING :

Children

205

ir»9

corpse of killed person

ne

529

spies

fl4

43

stolen goods

230a, 230a 2 . 230a 3

180, 181,
182

Confinement in a Fortrkss :

period of temporary ; whon commences

26

18

perpetual . .

23

17

privilogoa in

%% 27

18

publication of sentence of

33

23

punishment of ; nature

26

18

temporary

24

18

Conspipaov :

to create civil wnr

58, 58*, 58*o

49, 51

incitement to . .

(>b\ 66a

59. 60

Constitution ! attempt to upset

55*. 55**

4<>. 47

CONTRACTOR, PTBI.TC ■

breach of contract by

91

73

delay by . .

93

73

fraud by . .

83, 01. 03

70, 73

offtoiafe conniving at breach by. .

92

73

officials 1106 to be

89

72

Cornering Market

239

188

Conversion

230

180

Conveying Criminal

58*ft 9

03

Convict :

body of oxooutod

17

15

pregnant-

18

16

status of . .

27, 20, 30

18, 19, 20

Conviction :

second ; penalty upon

8, 8*

10

general

8, S*

10

in bribery . .

74 75

65

COPYRIOHT :

-

importation of infringing works

241

190

infringement of . .

241

190

Corpora Dki.ioti

12, 12*

12, 13

Corpse :

burying in prohibited place

264a

206

of executed person ; how dealt with

17

10

of killed person ; concealment . .

170

129

Cokkecitve Penalties : Disfoution

4

Corruption ; see Bribery

Costs :

how payable

11*

12

oilier for : how enforceable

11, U*

12

Counoiis :

failure of, to notify attempt at improper influence

97, 98

75

improper influencing

94, 95, ye

74, 75

by non-official

94

74

official

95, 96, 97, 98

74, 75

improperly influenced

98

73

insult to member of

112

m;

refusal to appear before

116, 116*

«n

Courts :

failure of, to notify attempt at Improper influence

97, 98

75

improper influencing

94, flfl, 90

74, 75

by non-official

94

74

R2

228

OTTOMAN PENAL CODE.

Courts —continued

improper influencing by official .

improperly infhioncod

insult to mpmhpr of

refusal to appear before

removing documents of
Cru ki,ty :

by brigands
officials. .
professional criminals

to animals
Cumulative Penalties

Damage ;

by body of men, to property
through explosion
fire , .

ARTICLE

Page

95, 96

74, 75

95, 96, 97, 98

74, 75

112

86

116, 116*

91

237

187

62a

57

io;s

80

173

127

259

203

0, 12, 12*

7, 12, 13

flooding . ,
lighting fires

fireworks
negligence
stone throwing
to animals

burial grounds
crops, by animals
documents
Government notices
merchandise by gang with force
movable property

by gang with force
public building
places
roads
sacred buildings
telegraphic apparatus

telephonic apparatus

trees in mosques, etc.
Damages :

claim for ; bow affected by penalty
order for ; how enforceable

DEATH ;

penalty

penalty not carried out on certain days of religion

publication of sentence

punishment of

warrant for carrying out penalty

Debauchery : incitement to :

by guardian
parants
Decency : Public :
outrage against

"Datamation :
definition
general

oral. .

penalty for
written
Delay in Publication of Govkknmfwt Orueks. .

252
166a

163, 163*, 164, 164*
164**, 165, 166a,

248

247

248

248

248

259

259

133*

261

251

260
252, 252a

259
252. 252a

133

264

264

133, 13a*

134. 134*, 135,

135*, 136, 136*

134*. 13tf*, 136*

133. 133*

9

11

3, 16, 18
22
33

1(1

Hi

201
201

202, 202a, 202a*
202a 2

213, 214*

214, 214*
213, 214, 214*

213, 213*, 214
214*

213, 213*, 214*

101

190

121
118, 119
120, 121

194

194

194

194

194

203

203

102

204

196

204
196, 197

203
196, 197

101

206

206

101, 102

102, 103
104

103, 104
101. 102

II

12

6, 15, 16
17
23
15
16

152
152

156. 157

164, 167
166, 167
164, 166,

167
1C4, 165,
166, lf»7
164, 165,

167

78

OTTOMAN PENAL CODti.

Deprivation of Rank and Office :
permanent : nature of

when entailed
publication of sentence of
temporary : nature of

when entailed
when recoverable
Detkrrknt Pknai.tibS
Df.strttotion .

by body of men, of property
of agricultural implements
animals
aqueduct
hooks
boundaries
bridges
cattle
cattle folds
crops, uncut
deeds
ditches forming boundaries

fences

fountain

gardens

horses

hotel

house

magazines

road

State buildings

trees

vineyards

watchmen's huts

war stores
Disability : Civil, see Civil Disabi
Dismissal from Office
Dihtukhanuk : causing

DlYKI' . .

Drunksxinkss . .

incitement to

by proprietor

in public . .
Duress : see Compulsion.
Dynamitic
Dynasty : attempt to alter

EmbezUJBmbnt : sec Tiik*t.
Enukoacumknt :
on highways

public places . .

roads
Entry into housk uy official without Warrant

EsCAt'fi OF I*KlSONKRS :

poisons assist iu&

bribed to assist . .
procuring

supplying tools to help
arms . .
punishment for l-hoso escaping
through persons in charge :
assisting
being bribed
being negligent
EsOAi'isn Piusoner :
concealing

ity.

of licensed premises

ARTrOLE

29

30

33

30

30, 32

30

3

252

244-

245

249

251
227, 246

249

245

244
263, 853*

251

246

246

249
253, 253*

2 1-5

249

249
01

249

61

253. 253*

253, 253*

244

61

36

200

1
205
265
265
265

58**,* 68*a»*. fi&*a»

w

264

264

204

105, 105*

118, 119

120
118. 119

119

111)
7. 7a

119
120
117

121

229

Taob

19
20

23

20

20, 22

20

6

196
192
192
195
196
179, 193
195
192
192
19K
I9ti
193
193
195
198
192
195
195
55
195
55
198
198
!92

24
204

1
206
200
206
206

52. 53

46, 47

206

206

206

80, 81

95
95
95
05
95
7, 8

95
95
93

95

230

OTTOMAN PENAL CODE.

Escai'isi> PlusoHEit — continued-
harbouring
penalties on

EVIDENCK, VaLSK ; SOC Fa1.SK EviOKNCE.

Evidence : obstructing the giving of
JCxkcutki: person. Bony of : disposal of
Execution, Punishment by : see Death.

KXFRIPTIOX FROM PUNISHMENT

EXILE : ■

disabilities on perpetual . .
perpetual

publication of sentence of
temporary
Exi'Losiviis ;

i 1 11 portal ion of
manufacture of
storage of . .

EXPOSURK :

of unwholesome food
public, penalty of
not carried out on religious day
who cxoxnpt from . .
Kxtortion :
of bonds
receipts

False certificate of kiwi/th :

fabrication of

by doctor
F^Lii^ EviDENUE :

compelling someone to give

given fur bribe

In civil matters

in matter relating to Jinayet
Junha
Quh ah at

under oath
False Kkv» or Locks

mado by locksmith
False Measures
False !Names :

assuming in passport

entry of in hotel register

passport with connivance of official
False Pretences :

obtaining properly by

if offender an official
False Wekihts

Farming Taxes :

officials offending against laws concern ing
swindling by officials at auctions for

I'.MUi |(|M l«;;\hMi; Fahmeus

Felonx : see Jinavet.
FeMALE :

attire ; persons catering harem in
pregnant : death sentence on
public dancing bv
piuiishmont of : eamo as on male
Fences :

damaging

removing with intent to steal

AlU'K 1.1-

Pack

121

7, 7a

95
7, 8

211
17

163
15

40, 40*, 4 1 , 42

42a

27, 29,
30, 31

30
28
33
35

20
19
S3
24

IGGa 2 , 100a 3 . 166a 4

100V, 106a*, 166a*

30Ga

122, 123

122, 123

121

257

19, 19a
22
10a

202
16

17
16

229
229

180

ISO

160
161

ill
210
200
207
208
208
212
22S
228
240, 262

156, 156a, 157
157*
158
L59

330a», 233

240

2;«

240. 20.2

83
80
80

202a
1$
202a*

43

216
227

117
117

163
103

.103
102
102
102
.103
170
170

vm, 20»

U4, 116
116

110
110

182, .184,

ISO

1S4
189, 205

72
08
08

156
16

157
31

193
179

OTTOMAN PENAL CODE.

Artiolr

Fine:

definition of

effect of inability to pay. .

enforcement by imprisonment . .

enforced after compensation paid
restitution paid . .

in case of Jinayet, can be ordered
Jimhn, can be ordered
Qahahat. ryui be ordered

payable to Treasury
FiKJ^s : negligent spreading of
Fikewubks :

cuusing fire.-* through

letting oft* in streets
Fiuino Guns CM SXBDBT :
b'uus : insult to National
Fooo, \i.\n : aale of
Fobbtoh Statu ;

betraying secrets to

concealing tipioa of

giving information of plans of campaign to
when informant is with the Iroops

intriguing with

by tampering with loyalty of Ottoman troops
for declaring war on Ottoman Empire

invasion of on Ottoman Umpire
to betray towns to . .

ships to

furnish with assistance . .

soldiers
help advance of troops of
hy Ottoman officials :
I; tit raying secrets to
places to

friendly power
hostile power
neutral power
surrendering plans of strategic places lo
FokfkituRB :

of produet of Jmayet or J unha

things intended for execution of Jinayet

•Tutiha

used for carrying out of Jinayet or
Junha

FORGRD BoOUMKNTH :

mailing use of . ,
when u3or of partially excused . .
wholly excused
Fokokry :
by fraud

official

public Officer
informers against
of coinage

documents of State

doctor's certificate

entries for customs

entries in Government registers

Government bonds

registers

orders
ollicial trade mark

passport

private documents

37, 37*

37, 37*. 39, 39*

11

10

10

12

12

5

39

248

248

255, 255*

255, 255*

55**a

257

54a (Part la)

54

51, 51*

51, 51*

49, 50, 50*, 54a

(Part la)

50, 50*

49

f>0, 50*

50, 50*

50, 50*

50, 50*

50. 50*

50, 50*

52, 54a (Pari fa)
53, 53*
53. 53*
53, 53*
53. 53*
53, 53*

12. 12*
12, 12*
12, 12*

12, 12*

154
151
102

235
152, 153
152, 153

151
143, 144
145, 146
J48
100
1 55u

152, 153
148
152
148
150

156. I50*a

157, 157*

153, 154
155, 155a

231

Paok

24
24, 28
12
12
12
12
12
7
26
194

194

200, 201
200, 201

47

202

43

43
40. 41
40, 41
39, 40,

43
39, 40

39
39. 40
39, 40
39, 40
39, 40
39, 40
39, 40

42, 43
42. 43
42. 43
42, 43
42, 43
42, 43

12, 13
12. 13
12, 13

12, 13

113
112
118

185
112, 113
112, 113

112
107, 108

109
117
I I I

112, 113
100
112
109
111

114, 115
116

113, 114

232

OTTOMAN PENAL CODE.

Foroeky — continued.

of private trade mark
records of Court,
seal of public office

signature of Government official

stamp with imperial Cypher
use of forced matter
Foktjukw Fii&OBS : see Pobxbess.
Foktkkss :
betraying

plans of . .

confinement in : see Confinement in a Fortkkss.
unlawful retaining command of
taking command of
Feavi> :

by adapting, blank, signed documents
agent . .
bailee

deception as to fineness of gold

silver
gems
Government agent or contractor
guardian of minor
improperly: disposing of property in one's

control
officials :

accepting bribes to give ni*efrrf»noe to State

creditor*;
discounting improperly state negotiable

documents
paying private servants as police
retaining money due to State
retaining wages due to police

State workmen
utilising police as private servants . .
using false measures

weights
pennons buying or selling for Government
entrusted with State property
making anything for the State
if officials

private persons
in contract for military supplies
on minor , . . . , . . . ,

purchaser
Fraudulent :
bankruptcy

discounting of Government soeuritios .
lotting to farm out the revenue. .
retaining of police pay

workmen's wages . .
rigging of markets
sale
trick

use of blank signature
Feu it : sale of bad
Fuaiotjs Amiiat,

driving
Fuun^ce.s : failure to clean

Gambling House :

funds found in

lotteries

public
GuNl'iAVDEit ; storage of, illegal
Goods : sale of at over fixed rates

AllTtOI.E

Taoe

150

111

163

113

148, 152

109, 112

148

109

U9

110

162

118

00. 60*

39, 40

G3 53*

42. 43

59

54

59

H

235

180

236

186

23(5

186

240

180

240

180

240

180

83, 84. 85, 93

70,73

234

184

230

85

85
87
86
87

80, 87

87
240
240

83

83

83

83

84

93
234
240

231
85
80
87
80, 87
239
240
233
235
257
253*, 258

255
256, 265*

180

70

70
71

71
71
71

71
180
189

70

70

70

70

70

73
184
180

183

70

68

71

71
188
ISO
J 84
185
202
198, 201

201
200, 201

242

191

243

191

242

191

166a, 100a>

121, 122

203

205

in defence of honour
resisting entry

by day . .
night
self defence
justifiable ; when

of ancestor

members of National Council
official . .
•-•two or more poisons
wifo or female of house and paramour
partial exemption from penalty : meaning of
premeditated
QisfiR ; in case of . .

reservation of Shoe' rights : in cusc of . .
resulting from assault
throat of

under provocation

with intent to help escape of perpetrator of
without intention, .

premeditation : penalty
whan in con' unction with another Jinayet
with intention of committing Junha
with premeditation : definition

penalty . .
torture
wounding with intent to commit

Hotel kbbpbrs :

failing to exhibit lamps

keep register

submit register to authorities
keeping false register

OTTOMAN PENAL CODE,

H

HaRBOUIUNG :

brigands
criminals

escaped prisoner . .

robois

spies
thieves
Hard Labour : see Kycbek.
Highway Kohbkky
Homicide :

accomplice in

actual perpetrator of undiscovered
attempt, to commit
by misadventure . .
negligence

order of superior officer " . ,
police on duty
commutation of penalty for when death not

exacted
definition of

during rebellion or tumult
excusable : when

I
Illegal Arrest

;. I H- I (I! ij 111

Immokaij Conduct

Imprisonment :
labour during
nature of . .
sentence in default of fine

IDE.

233

ARTICLE

Page

45*. 63, 63a

32, 57, 58

15*

32

121

95

45*

32

54

43

230a

180

62a, 219

57, 173

45, 45*, 175

32, 129

.180*

136

180, 180a

135, 136

182

137

182

137

184

138

42a, 189

31, 142

172

126

168

124

181

137

42a, 180, 187, 188,

31, 140.

188*. 189. 189*

141, 142

42a. 180

31, 140

187

140

187

140

187

140

42a, 18G

31, 140

42a. 18G. 187.

31. 140

188*, 189

141, 142

170*

125

174"

128

174*

128

174*

128

188

141

190, 100*

142, 143

169

124

172

126

171

126

177o

131

191, 191*

143, 144

189, 189*

142

174*

m

174*, 177a

128, 131

174, 174*

127, 123

174. 174*

127, 128

174, 174*

127, 128

169

124

170

125

174*

128

180

135

254

199

256

201

250

201

158

116

203. 204

158

203

1.08

201, 202, 202a

152, 156

202a*, 202a 4

157

34

23

34

23

37, 37*, 39, 39*

24, 26

234

OTTOMAN PENAL CODE.

Incauckratton : sec Confinement in a Fohtuess.
Incitemkni :

how defined

to armed rebellion

.ARTLULK

FAOE

riot

arson of Stato property
assist brigands
brigandage
civu war

commit Jinayot or ■ I u t ! i a
criminal act

highway robbory by brigands
taking unlawful command of troops
unlawful retention of command of troops
Inoeoisnt Assault •

attempt

by person in charge of victim
servant of victim . .
tutor of victim
of minor degree
on child under eleven

thirteen . .
fifteen
girl abducted
married woman abducted
unmarried girl
under promise of marriage
with violence

when only attempt
Ikdecekt Conduct

proposals . .
Iktamt : sente.noew on
Infectious Dtseases : offence aaainst orders as to

iKVl.UHKCING ClOlTRT OR CO ONOH,

attempt at

by public offienr

penalty on members influoncnd
Jjs'KANITV : effect of on punishments
Insum? :

by police

to rnernbftr of Court or Council
police

Jinaybt :

accomplice in ; how punished

a class of offence

definition of

how punished

joint perpetrators : how punished

OoiNT PKKl'KTRATOKS OF JlNAVKT OK Jl'NHA :

how punished

failure of to notify attempt at improper influence
where attempt successful

unsuccessful . .

giving corrupt decision

insult to

threatening
Judgments : how enforced
JtrWIIA ;

accomplico in : how punished . .

a class of offence . .

60, 66a

59, 60

55, 55*, 55**,

45, 46, 47

66, 00a

59, 60

55, 55*. 55**,

45,46,47

66, 66a

59, 60

61, 66, 66ft

55, 59, 60

63, 66

67, 59

62, 66

56, 59

' 56, 66

48, 59

-15*

32

45*

32

b'i», 66

56,59

50, 06

54, 59

59, 66

54, 59

198a

151

198

151

190

151

199

151

202*

156

197

149

J97

149

11*7*

150

206

159

206a. 2(16*

160, 161

200

152

200a

152

198

150

198a

151

202, 202a

156, 157

202a*, 202a 2

202a, 202a*

156, 157

40. 40*

27, 29

99a», 99a a

77

94, 95, 96

74, 75

94, 95

74

95, 96

74, 75

96, 97, 98

75

4.1

30

106. 106*

82

112

86

113, 113*

87, 88

45, 45*
2
3
3

II*, 45, 45*, 46
11* 45, 45*, 40

97
97, 98
97. 98
90. 98

112

112

11

45, 45*
2

32

5

6

6

12, 32, 33

1 2, 32, 33

75
75
75
75
86
80
12

32

5

OTTOMAN PENAL CODE.

J u NHA. — conlinued.
how punished
further punishment, for
joint perpetrators ; bow punished

K

KTDNAPTINa : 800 ThTSET.

KvtraEK :

dorinition of

disabilities under

in perpetuity

publication of sentence of . . ...

punishment of temporary ; when commoneoe

temporary

article

L

Labour. Hard : sec Kyurek.
Lamps :

failure to exhibit

at hotels

repairs on road
Larceny" : see Theft.
Letters ; opening of . .
Libel : see Defamation.
loss of cxvil rlohts
Lotteries ;

establishment of . .

forioituro of fluids in
LUNACY : SCO INSANITY.
LUNATJO :

at large, allowing to be

liability of for offence

Mahnkss : see Lunacy.

Malicious injury : sec I)\ma<:e : Dkstrcctioj;.

Manslaughter : see Hum rude.

Marriage : of ubducted girl . .

Massacre

Military Supplies ;

breach of contract for

by non-official
with connivance
delay in delivery of
fraud in contract for
Ministers ; attack on foreign
Minor : soo Puberty.
Misappropriation or Revf.nur by Oeeicials
Miscarriage :
by violence-

doctor . . , ,

drugs . .

MlSoEMKANOCK : SCO JcMHA.

Monopoly :

importation of infringing production

infringe merit of . .

selling infringing production
AloNt'aiHN'is, Public : destruction ordisrigiixemont of
Murmuq

Mubuer : see Homiciee.
Mutiny . .

inciting to

4

38
II*, 45, 45*, 4fl

of official

19

27, 30
20
93
26

21

20tf, 20b*
56

91
9]

92
93

93

f>o**a
90

192, 102*
192, 192*. 193
102, 192*. 193

241

241

241

133, 133*

40, 40*

59

60, fiO*, 00

235

Page

6
25

12, 32, 33

254
254
254

100
199

ioy

129

99

31

21

243
243

191
191

256
41

201

30

10

18, 20
17
23
18
17

I 159, 161
48

73
73
73
73
73
47

73

HO
140. 147
146, 147

190

190

190

101, 102

27, 20

54
55, 59

230

OTTOMAN PENAL CODE.

ARTICLE

NationA£ Flaos : insult to . .
Neokkjknoe :

firo spreading through

homicide by

in street

of mill owners

of persons in charge of prisoners

sea-Is on State papers
State papors

wounding by
Noises : troublesome . .
Notices : pulling down public
Nuisancer

Obscrnk FirrrrrRRs amfi WRrrWQS
Obstruction :

of carrying out of laws

collection of revenue

erection of buildings

orders of Government : hy non-official
official . .

plague preventive measures

thoroughfare
Obtaining money by fai,se pbetenoks
Offences by Prisoners :
Office; deprivation of: see Deprivation of hank

AND OFFICE.

Office : dismissal from ■ see Dismissal from office
Office : unlawful assumption of
Ottoman Penal Code :

not rotrospectivw

reasons for
Ottoman Subjects : rebellion by . .
Official ;

actually causing Court to pronounce improper
judgment

assault on . .

55+*fl

248

182

254

248

117

122

1 26

183

260

260
251, 255, 257,
258, 250, 260

139

assumption by :

of decorations to which not entitled
uniform superior to propor rank
attempting to influence Court
bribery by
bribing of . .

99, 99a, 9<)a a , 99a 3

7ft, 77

99. 99a

70, 77

200

190

99a

77

99

76

99a ? , 99a 3

77

254

100

233

184

7a

8

hriho taken by

causing ripath of person under torture by
charging excessive fines and retaining surplus by
taxes and letaining surplus by
cheating by

compelling supply of provisions free
Conniving tit breach of Government contract
defrauding Government of police pay . .
delaying publication of Oovonimont coders
demanding bribe . .
dilatory in carrying out ordors . .
embezzling workmen's pay
employing persons forcibly without pay illegally
entering houso without warrant
excessive fine, taking
tax taking

130

15
1

48

9G

114, 114*, 115,

115*. 116*

131

131

04., 95, 96

69, 69*

68, 68*. 78

80, 85
68, 68*, 78
' 80, 85
103

109

108

233
111

92

87

KU

78

102, 102*

86

86, 110

105, 105*

109

108

VaoE

47

194
137
199
194

<>;*

96

98

138

204

204
199, 200,
202, 203,

204

106

U
1

38

75

89, 90,
91

100

too

74, 75

63
62, 63, 67,

68, 70

62, 63, 67,

68, 70

80

84

83
J 84

85

73

71

78

67

79

71
71. 85
HO, 81

84

S3

OTTOMAN PENAL CODE,

Official— -continued.

failing to carry out Government orders
favouring anyono in course of duty
forcing workmen to work without pay

persons to sell property
foiling; official document
fraudulently discounting Clovormiiont securities

obtaining »oods, etc.
free billeting by
high : prohibited from trading
impeding lawful acta of . .
inflicting unlawful fino . .
influencing Court or Council
insult to

issuing false panaport
making profit on exchange
misappropriating Stato property
negligence of, when in ehargo of soals

State roeordd
obstructing collection of revenue

order? of Government
opening letters in Post
profiting by exchange in Stato transactions

fcji rough farming of taxes . .

prohibited from speculating in State transactions
trading in. Stato supplies . -

punishing person more heavily than is legal . .
purchasing property of persons by coercion . .
receiving commission on State contract
speculating on Government, contract
striking of

occasioning wounds Of illness . .

taking fine unless by order
torturing by
trading by

treason of : see. Thrason.
unlawful compelling forced labour
using police as servants
using violence by
wounding of

Passports :

forging

obtaining by false; pretences

public officer issuing false
Patent : infringement of
Pknaij SF.RYrnrr>K ; sco Kyuhbk
Pknaltiks :

admonitory . .

applicability of

correctional

cumulative

deterrent

for Jinayct
Junha . .
Qabahat
Peiuo-ry

in civil matter

soe False Hvidenx'e
Pettv Lakckniks
Picking Locks
Pickpockets . .

£?.

237

ARTICLE

PAGE

102*

79

102. 102*

79

80. 110

71. 85

107

83

162, 153

112, 113

85

70

233

184

111

85

100

77

DC*

91

104

80

05, 96

74, 75

112

86

159

116

89

72

90

73

122

96

120, 127. 128

98

99, 99a

76, 77

99, 99a

76,77

129

99

89

72

88

72

89

72

89

72

104

80

107

83

89

72

89

72

1U, 114*

so

115, 115*

99

109

84

103

80

89, 100

72, 77

86, no

71, 85

87

71

lOfi. 106*

82

115. 115*

90

156, 150a

157. 157*
156,*150a
157.J157*

159
241

51
16

4

<>

3

3

4

5
207
212

230, 230a !
228
230

114, 115,

116
114, US.

116

116
190

7

14

6

7

6

G

6

7

162
163

180, U
179

180

238

OTTOMAN PENAL CODE.

inciting to
Piracy (literary) :
Poikonino

Poisons : improper sale of
Police :

assaults by
on

insulting . .

with display of weapons
regulations : infringing
striking of

resulting in wounds or lllnoss
supervision

using violence to persons
Polick Opfkkce : see Qabahat.
Poi,tcr SUPERVISION ■
definition of
when compulsory

may be ordered
Post Office : officials opening letters
Pkei»nant VVoman :

causing miscarriage of

by violence
doctor
drugs
midwife
sentence of doath on
Presidknt or Council : failure of to notify

attempt at improper influence
Printing i

mattor offensive to authorities ■ .
communities
deceney
Government
morality
without permission
house : opening without permission
Prison kks :

escape of : see Escape o*~ Prison kks.
escaping ; penalties for . .
offences by ; penalties for
prtvatk rights reserved
Procuring tor immoral purposes

by guardian or relative . .
Profkbsionai, Sechists : tlisolosing
I'roi'hets : defaming
Provisions : selling at oxcoasivc price

PUBEllTY :

age of

convict under age of

non-arri\al at age of : effect of punishment on

Pttbxjo Brrrrnnros :

destruction of

disfigurement of . .

works : obstructing
Puulio :

morals : offence against

officer : see Official.

order : offence against

security ; offence against

works : ol sfcructing
Punishnrnth; see Penalties,

ARTICLE

Page

56, 62, 252

48, 5ft, 196

66

59

24-1

190

168, 194. 19ft

124. 147.

148

19ft

148

100, 100*, 18!)

32. 142

113. J 13*, 114

87. S3

114*. 110*

89. 91

113, 113*

87, 88

113, 113*

87, 88

254

J 99

113, 113*, 114,

87, 88, 89,

114*, 115, 115*,

90, 91

lift*

115, 115*, lift*

90. 01

12, 12*, 13, 14

12, 13, 14

I0K, 106*, 189

82, J 42

14

14

13, 14

13, 14

12, 12*. 13

12, 13

129

99

192. 192*

146

192, 192*

us

192*

140

192, 192*, 193

146. 147

192*

147

18

16

97, 98

75

138

105

138

105

139

106

t38

105

139

1 0(1

137

105

137

105

7. 7a. 8*

7. 8, 10

7a, 8*

8, 10

1. 9, 171

1, 11. 120

201

152

201

152

215

170

55**

47

203

205

40, 40*

27, 29

40, 40*

27, 20

40, 40*

27, 29

61, 133, 133*

55.101.102

133, 133*

101, 102

250

19ft

99a 3

77

99a 3

77

99a 3

77

250

190

OTTOMAN PENAL CODE,

Q

an offence
how punished
Qis.*s

in homicide ; culprit respited from penalty

Rakk : deprivation of : see Dkvhivatios of bank

ANO OITICK.

Rape : ace Indecent Assault.
Rebellion

conspiracy for
inciting to

Receiving STOLBN aeons

Rkcidivists

Religious Ckrkmoxiks : interference with. .

Repelling Attack : offence whilst

Restitxtion :

order for : enforceable by imprisonment
enforced before fine . .

Beventje :

breaches of law as to letting out farming of

Collection of ; SCO FARMtN'G Taxks.

embezzling

favouring formers of
Rights : loss of civil

obtaining by force
Riots :

conspiracy for

inciting to

Koadh : obstructing

Robbery :

by armed gang at night

in building - -

highway men

gang with violence . .

at night in highway

S

Sacrilege
Schools :

keepiny unlawful
opening irregularly
teaching in without license
prohibited books in
Schoolmaster :

permitting use of prohibited book
unlicensed
Sbals :

breaking of :

on documents relating to Jinaycts

when committed "by custodian
on official documents

whon custodians negli
gent

AHTICLK

2

l
172

48, 49, 54a (Part la
55, 55*, 55**, 66,
57, 58, 58*, 58*a,

58*a*. 58*a z *.
58*a*. 5!), 60, 60*

58, 58*
55, 55*, 66, 66ft

45*, 230a, 230a*

230a 5

8, 8*

132

42a

11

ID

82, 84, 90

80

31

130a

58, 58*
55, 55*, 66, 8G

60a

25 1

217, 217*, 218.
218*, 219, 21!)*,
222, 222*. 222**

217, 222, 222*
222**

218, 218*

219, 219*

133

140
140
141
142

142
141

239

1'AGE

7

2

2D

123
123

122

122

38, 39, 43,
45, 46, 47,
48, 49, 51,
52, 53, 54,

49, 51

45, 46\

59, 60

32, 180

181, 183

10

101

31

12
12

72

09. 70, 73
08

21
100

49, 51

45, 46, 48,

50, 60
199

172, 173

174, 175,

176

172, 175,
176

57
173

173, 174

101

106
106

106
107

107
IOC

it 7
97
96

96

240

OTTOMAN PENAL CODE.

S !■'. a i . 3 — continued.
breaking of ;

on other properties

by custodian
when accompanied by theft

by violence to
custodian
forgery of ..
Second Conviction •. penalties upon
Secrets, professional : disclosing

Seduction

Srcizujtft op Tmmovaht.k Property : illegal. .
Sentence :

commutation of . .

offences after

on infants

publication of
Servitude : Pkkal : see Kvukkk.
Sex : effect of on punishment
SlIEB* law ;

meaning of

rights under • reserved in homicide

Penal Code . .
Siantjek : sec Defamation.
Sodomy- : seo Indecent Assaoi/t.
Solpiers : and see Troops

:(.':■■■: :.U It I ii _• . .

insulting
threatening

Speculation : by officials in supplies for Stato
Spies : concealing of . .
State t

documents : abstraction of
destmetion of
negligence of custodians of

theft of

foreign : see Foreign State.
Ottoman : subjects of, bearing arms against
•supplies for : officials speculating in
trading in
Sto&kn Pkopehty :

concealing

from whom recovorabi©
receiving

surrendor of by receiver

thief

Stones : throwing

SCBSKQUENT CONVICTION : SCO SECOND CoNVIOTION

Sultan : His Ma jetty : attack on . .

design against

maligning

succession ; attack on
Summons : refusing to obey . .
Supervision by Police : see Police Supervision.

Taxes : see Bkvenue.
Telegraph :

destruction of poles or wires of
interfering in the apparatus of . .

communications by

during disorder or riot
obstructing reconstruction during riot

ARTICLE

page

124

07

124

07

136

07

128

98

148, 152

100, 112

8, 8*

10

216

170

200ft

152

252a

197

47

30

7a, 8*

8, 10

40, 40*

27, 29

33

23

43

31

1

1

171

120

1

1

114, 114*

80

113, 113*

87, 88

113. 113*

87, 88

89

72

54

43

126, 127, 128

98

126, 127, 128

98

126, 127, 128

98

126, 127, 128

98

48

38

89

72

89

72

45*. 290ft, 280ft*.

32, 180

230a 6

181, 183

44

32

45*. 230a, 230a 2 ,

32, 180

230a 5

181, 183

44

32

230a 8

182

258

203

55*, 55**

46, 47

55*, 55**

46, 41

55*, 55**

46, 47

55*. 55**

■16, 47

116, 116*

91

134, 134M30, 135* > 102, 103

134, 134*, 135, 135* 102, 103

134, 134*, 135* I 102, 103

136, 136* 103, 104

136, 136* 103, 104

OTTOMAN PENAL CO OH.

241

Theft :

accompanied by breaking seals
accomplices in
assisting in
at night :

by armed gang

armed gang of violent burglars
gang

on highway . .
with violence
wounding
in inhabited place
religious houao
on highway by £ ail £
without violence
attempted
by apprentice

armed gang at night

bailee

boatman

body of men . .

children

coachman

common r-nrriop

escalade

forcible entry . ,
forcibly oblaming receipt
gang at nighi . ,
hotel keeper
innkeeper
muleteer
nou-oOlcitds
relatives
servant-. .

single, armed, man
taitiperiey villi boundary marks
tampering with locks. .
two or jrtOiO persona in inhabited place
religious house
officials :

disconntin g State negotiable instruments

misappropriating revenue

paving private sorvants front police

moneys
receiving bribe . .
rotaininp moneys due to Police

State labourers
informers against
of agricultural tools

beast of burden or draught

bees

hr\ oragos

cattle

child

documents, records, etc.
eatables

fish

fowls
grain

horses . . . .

husband's property by wife . .
insignificant articles ..
leeches

merchandise : by gang of persons
with force

ABTICI-K

Page

125

97

230a. 230a 3

180, 1S2

230a, 230a 3

180. 182

221

174

217. 217*

172

222, 222*. 222**

175. 17G

219, 219*

173. 174

218, 218*

173 .

l 21S t 218*

173

222, 222*. 222**

175, 176

222, 222*, 222**

175, 176

219, 219*

173, 174

221

174

230a, 230a 4

180, 183

222, 222*, 222**

175, 176

221

174

222, 222-, 222**

175, 176

222, 222*. 222**

175. 176

223

252

196

216

171

222, 522*, 222**

175, 1 76

223

222, 222*. 222**,

175, 176

223

220, 220*

174

220, 220*

174

229

180

222, 222*, 222**

ilC, 170

222, 222*. 222**

175, 176

222, 222*. 222**

175, 176

223

17G

84

70

216

171

222, 222*, 222**

175, 170

222, 222*, 222**

175, !7<>

227, 252a

179, 197

220, 220*

174

222, 222*, 222**

175, 176

222. 222*, 222**

175, 176

85

70

SO

73

87

71

80

68

87

71

KB, no

71, 85

230a, 230a 3

180, 182

224, 224*

177

224, 224*

177

224*

177

223

176

224, 224*

177

205

109

127, 237

98. 187

223

176

224, 224*

177

224*

177

225, 220*, 220, 220*1

178, 179

224, 224*

177

816

171

230a 1

182

224, 224*

177

252

106

252

196

242

OTTOMAN PENAL CODE.

ARTICLE

Page

Theft — continued.

of ploughs

224. 221*

177

police pay

87

71

poultry

221*

177

property of State

82. S3, 90

<>», 70, 73

records of legal proceedings

126, 127

98

by custodians of

127

98

severed crops

225, 225*. 226,

226*

178, 17!)

State documents through custodian's negli-

gence

126

98

when accompanied with violence

128

98

State property

82, S3, 90

09, 70, 73

by fraud of custodians

83

70

if officials

82

69

non -officials

81

70

stone

224. 224*

177

timber

224, 224*

177

unsevered crops

22.3, 220*

178

wife's property by husband . .

210

171

wood

225, 225*

178

workmen's pay

86

71

simple

230, 230a*

180, 182

without violence at night by armed gang

221

174

gang

222, 222*, 222**

175, Ho-

with violence

221

rn

Threats : with displaying of arms

179a

134

Throwing '

dirt

254, 258

199, 203

refuse in street

254

199

stones . . . . . . . . . . . .

258

203

Torture :

by officials. ,

103

80

professional criminals

173

127

of person under illegal arrest

204

158

Thaof IUm : infringement of

150

111

TRATHXO BY OFFTOTAT.S :

in State supplies ; prohibited

89, 100

72, 77

when otherwise prohibited

100

77

Travaiix Forces : see Kyttrek.

48. 49. 50. 50 + .

38. 39, 40,

51, 51*, 52, 53,

41,42,43,

:x* nn**

Trees : destruction of

Trespass :

on places without right . .
with cattle
Trial : costs of : how payable
Troops :

insult to

with display of arms
recruiting of ; offences against
striking of
unlawfully ordering

retaining command of
taking command of

Upboak : disturbing public by

W

Warranty : breach of
Weights anl Mkasurks ; false

101, 102

258

203

261

204

11*

12

113, 113*

87, 88

113. 113*

87, 88

60, 60*

54,55

114, 114*

80

60, 60*

54, 55

59

54

59

54

2*il '

240
240. 202

204

189
189, 205

OTTOMAN PENAL CODE.

243

WOMAX -"

guilty of bribery

no distinction in sentenco on

pregnant and convict

sentence of death on . .
Wounding :
animate

by armed robbers at night
ordev of superior offieer
police on duty. .
causing amputation

with premeditation

death

illness during 20 days

with premeditation
committed during rebellion or tumult

under duress
excusable, when

justifiable, when

misadventure, by

negligence, by

partial exemption from penalty : meaning^of

public officer . . . .

relatives

slightly

with premeditation
with intent to kill

YouKu PffiBSOM :

defrauding. .
punishment of
Yodthtdx Otfxhdisrs : punishment of

AllTKXK

PAOE

72, 73

64

43

31

18

16

IS

16

259

203

218, 218*

173

185

i :ju

42a

31

177, 177*

130, 131

177, 177*

130. 131

177a

131

178, 178*

131, 133

178, 178*

131. 133

181

137

185

139

42a, 187, 188,

31, 140,

188*, 189, 189*

141. 142

42a. I8fl, 187

31, 140

183

138

183

138

190, 190*

142. 143

115, 115*

90

179*. 179*a

134. J 35

179, 179*, 179*a

133, 134,

1 35

179, 179*. 179*a

133. 134,

135

180, 180a

135. 136

234
40. 40*
40, 40*

184
27. 29
27. 29